THE COURT FEES ACT, 1870 
__________ 

ARRANGEMENT OF SECTIONS 
__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title. 

Extent of Act. 
Commencement of Act. 

1A. Definition of ―appropriate Government‖. 

2.  [Repealed.]. 

FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES 

CHAPTER II 

 AT THE PRESIDENCY-TOWNS 

3.  Levy of fees in High Courts on their original sides. 

Levy of fees in Presidency Small Cause Courts. 

4.  Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction. 

In their appellate jurisdiction. 
As courts of reference and revision. 

5.  Procedure in case of difference as to necessity or amount of fee. 

CHAPTER III 

FEES IN OTHER COURTS AND IN PUBLIC OFFICES 

6.  Fees on documents filed, etc., in Mufassal Courts or in public offices. 

7.  Computation of fees payable in certain suits. 

(i) 

 for money. 

(ii) 

 for maintenance and annuities . 

(iii)   for other movable property having a market-value.   

(iv)   (a) for movable property of no market-value. 

(b) to enforce a right to share in joint family property. 

(c) for a declaratory decree and consequential relief. 

(d) for an injunction. 

(e) for easements.   

(f) for accounts. 

(v) 

for possession of land, houses and gardens.  
Proviso as to Bombay Presidency.   
for houses and gardens . 

(vi)   to enforce a right of pre-emption. 

(vii)  for interest of assignee of land-revenue. 

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SECTIONS 

(viii) to set aside an attachment. 

(ix)   to redeem. 
to foreclose. 

(x)   for specific performance .   

(xi)   between landlord and tenant. 

8.  Fee on memorandum of appeal against order relating to compensation. 

9.  Power to ascertain net profits or market-value. 

10.  Procedure where net profits or market-value wrongly estimated. 

11.  Procedure  in  suits  for  mesne  profits  or  account  when  amount  decreed  exceeds  amount 

claimed. 

12.  Decision of questions as to valuation. 

13.  Refund of fee paid on memorandum of appeal. 

14.  Refund of fee on application for review of judgment. 

15.  Refund where Court reverses or modifies its former decision on ground of mistake. 

16.  [Repealed.]. 

17.  Multifarious suits. 

18.  Written examinations of complainants. 

19.  Exemption of certain documents.  

CHAPTER IIIA 

PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION 

19A.  Relief where too high a court-fee has been paid. 

19B.  Relief where debts due from a deceased person have been paid out of his estate. 

19C.  Relief in case of several grants. 

19D.  Probates declared valid as to trust-property though not covered by court-fee. 

19E.  Provision for case where too low a court-fee has been paid on probates, etc. 

19F.  Administrator to give proper security before letters stamped under section 19E. 

19G.  Executors,  etc.,  not  paying  full  court-fee  on  probates,  etc.,  within  six  months  after 

discovery of under-payment. 

19H.  Notice  of  applications  for  probate  or  letters  of  administration  to  be  given  to  Revenue-

authorities, and procedure thereon. 

19-I.  Payment of court-fees in respect of probates and letters of administration. 

19J.  Recovery of penalties, etc. 

19K.  Sections 6 and 28 not to apply to probates or letters of administration. 

20.  Rules as to cost of processes. 

Confirmation and publication of rules. 

CHAPTER IV 

PROCESS-FEES 

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SECTIONS 

21.  Tables of process-fees. 
22.  Number of peons in District and subordinate Courts. 
  Number of peons in Mufassal Small cause Courts. 

23.  Number of peons in Revenue Courts. 

24.  [Repealed.]. 

CHAPTER V 

OF THE MODE OF LEVYING FEES 

25.  Collection of fees by stamps. 

26.  Stamps to be impressed or adhesive. 

27.  Rules for supply, number, renewal and keeping accounts of stamps. 

28.  Stamping documents inadvertently received. 

29.  Amended document. 

30.  Cancellation of stamp. 

31.  [Repealed.]. 

32.  [Repealed.]. 

CHAPTER VI 

MISCELLANEOUS 

33.  Admission in criminal cases of documents for which proper fee has not been paid. 

34.  Sale of stamps. 

35.  Power to reduce or remit fees. 

36.  Saving of fees to certain officers of High Courts.  

SCHEDULE  I.— 

AD VALOREM FEES 

TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE 

INSTITUTION OF SUITS.   

SCHEDULE II. — 

FIXED FEES. 

SCHEDULE III. — 

FORM OF VALUATION. (TO BE USED WITH SUCH MODIFICATIONS, IF ANY, 
AS MAY BE NECESSARY) 

ANNEXURE A.— VALUATION OF THE MOVABLE AND IMMOVABLE 
PROPERTY OF DECEASED. 

ANNEXURE B.—SCHEDULE OF DEBTS, ETC. 

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THE COURT-FEES ACT, 1870  
ACT NO. 7 OF 18701 

CHAPTER I 
PRELIMINARY 

[11th March, 1870.] 

1. Short title.—This Act may be called the Court-fees Act, 1870. 

Extent of  Act. —It extends to the whole of India except 2[the territories which, immediately before 

the 1st November, 1956, were comprised in Part B States]; 

Commencement of Act. —And it shall come into force on the first day of April, 1870.  

3[1A.  Definition of  “appropriate  Government”.—In this Act  ―the appropriate Government‖ 
means, in relation to fees or stamps relating to documents presented or to be presented before any 
officer serving under the Central Government, that Government, and in relation to any other  fees 
or stamps, the State Government.] 

42. [―Chief Controlling Revenue-authority‖ defined.] Rep. by the A. O. 1937. 

1. It  has  been  declared  inapplicable  to  proceedings  before  officers  making  a  settlement,  and  in  certain  other  cases  under  the  Santhal 
Parganas Settlement Regulation, 1872 (3 of 1872), s. 8, as amended by the Santhal Parganas Justice and Laws Regulation, 1899 (3 of 
1899). 

   It  has  been  extended  to  and  brought  into  force  in  Dadra  and  Nagar  Haveli  by  Reg.  6  of  1963,  s.  2  and  Sch.  I           

(w.e.f.  1-7-1965),  to  Goa,  Daman  and  Diu  by  Reg.  11  of  1963,  s.  3  and  Sch.,  and  to  the  whole  of  Union  territory  of 
Lakshadweep by Reg. 8 of 1863, s. 3 and Sch., with modification (w.e.f. 1-10-1967). 

It has been amended in—  
Ajmer-Merwara by Act 31 of 1930; 
Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954, 22 of 1955, 3 of 1958, 19 of 1958, 12 of 1960 

and 28 of 1972; 

Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941;  
Bihar by Bihar Acts 17 of 1939 and 7 of 1958. 
Bihar and Orissa by B. & O. Act 2 of 1922;  
Bombay by Bombay Acts 2 of 1932 and 15 of 1943;  
C.P. by C.P. Act 16 of 1935; 
C.P. and Berar by C.P. and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4  and 38 of 

1950, 13 and 22 of 1951 and 9 of 1953; 

Himachal Pradesh by H.P. Act 4 of 1952; 
Madras by Madras Acts 5 of 1922 and 17 of 1945; 
Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;  
Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act  31 of 1953,19 

of 1957, 20 of 1960 and 9 of 1979; 

U.P.  by  U.P.  Acts  12  of  1922,  3  of  1933,  2  of  1936,  19  of  1938,  9  of  1941,  14  of  1942,  8  of  1943,  5  of  1944,  14  of 

1948, 28 of 1957, 10 of 1959, 34 of 1970 and 9 of 1975; 
Andaman and Nicobar Islands by Reg. 2 of 1957; 
Meghalaya by Meghalaya Acts 2 of 1973 and 5 of 1973; 
Madhya Pradesh by Madhya Pradesh Acts 24 of 1975 and 4 of 1976;  
Delhi by Central Act 28 of 1967; and 
Haryana by Haryana Acts 11 of 1974 and 22 of 1974. 

The Act has been repealed in its application to Bombay area and Coorg district of Mysore by Mysore Act  16 of 1958. 
It has been repealed in part in partially excluded areas in Madras and Koraput by Madras Reg. 6 of 1940 and Orissa Reg. 7 of 1943, 

respectively. 

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ―Part B States‖.   
3. Ins. by the A.O. 1937. 
4. The  Original  s.  2  relating  to  repeal  of  enactments  was  rep.  by  the  Repealing  Act,  1870  (14  of  1870).  A  section  defining  ―Chief 
Controlling Revenue-authority‖ was added by s. 2 of the Court-fees (Amendment) Act, 1901 (10 of 1901), and was slightly amended 
by the Repealing and Amending Act, 1917 (24 of 1917). For the definition of the ―Chief Controlling Revenue-authority‖ see now the 
General Clauses Act, 1897 (10 of 1897), s. 3 (10). 

  The  A.O.  1937  rep.  s.  2  as  in  force  elsewhere  than  in  Bengal.  In  that  Province  the  sect ion  subs.  by  the  Court-fees  (Bengal 
Amendment)  Act,  1935  (Ben.  7  of  1935),  s.  3  contains  definitions  of  ―appeal‖,  ―Chief  Controlling  Revenue -authority‖, 
―Collector‖ and ―Suit‖. 

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STATE AMENDMENT 

Orissa 

Amendment of section 2 of Act (7 of 1870).—For section 2 of the Court Fees Act, 1870, hereinafter  

called the principal Act, the following section shall  be substituted:— 

―2. Definition.—In this Act, unless there is anything repugnant  in the subject or context,— 

(1) ‗appeal‘ includes a cross objection; 
(2) ‗suit‘ includes an appeal from a decree except in section 8-A.‖ 

[Vide Orissa Act 5 of 1939, s. 3] 

CHAPTER II 

FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES 

AT THE PRESIDENCY-TOWNS 

3. Levy of fees in High Courts on their original sides.—The fees payable for the time being to the 
clerks  and  officers  (other  than  the  Sheriffs  and  attorneys)  of 1[the 2[High  Courts  other  than  those  of 
Kerala, Mysore and Rajasthan]], 

or  chargeable  in  each  of  such  Courts  under  No.  11  of  the  first,  and  Nos.  7,  12,  14,  3*** 

20 and 21 of the second, schedule to this Act annexed; 

Levy of fees in Presidency Small Cause Courts.—and the fees for the time being chargeable in the 

Courts of Small Causes at the 4presidency-towns, and their several offices; 

shall be collected in manner hereinafter appearing. 

4.  Fees  on  documents  filed,  etc.,  in  High  Courts,  in  their  extraordinary  jurisdiction.—No 
document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable 
with  fees,  shall  be  filed,  exhibited  or  recorded  in,  or  shall  be  received  or  furnished  by,  any  of  the  said 
High  Courts  in  any  case  coming  before  such  Court  in  the  exercise  of  its  extraordinary  original  civil 
jurisdiction; 

or in the exercise of its extraordinary original criminal jurisdiction; 

In  their  appellate  jurisdiction.—or  in  the  exercise  of  its  jurisdiction  as  regards  appeals  from  the 
5[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the 
Court) of one] or more Judges of the said Court, or of a Division Court; 

or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; 

As Courts of reference and revision.—or in the exercise of its jurisdiction as a Court of reference or 

revision; 

unless in respect of such document there be paid a fee of an amount not less than that indicated by 

either of the said schedules as the proper fee for such document. 

5. Procedure in case of difference as to necessity or amount of fee.—When any difference arises 
between  the  officer  whose  duty  it  is  to  see  that  any  fee  is  paid  under  this  Chapter  and  any  suitor  or 
attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference 
arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be 

1. Subs by the A.O.1950, for ―the Courts which are High Courts for the purposes of the Government of India Act, 1935‖. 
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ―High Courts for Part A States‖. 
3. The number ―16‖ rep. by Act 12 of 1891. 
4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882), Ch. X. 
5. Subs. by Act 19 of 1922, s. 2, for ―judgment of two‖. 

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final, except when the question is, in his opinion, one of general importance, in which case he shall refer 
it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the 
Chief Justice shall appoint either generally or specially in this behalf. 

When  any  such  difference  arises  in  any  of  the  said  Courts  of  Small  Causes,  the  question  shall  be 
referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in 
his  opinion,  one  of  general  importance,  in  which  case  he  shall  refer  it  to  the  final  decision  of  the  first 
Judge of such Court. 

The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph 

of this section. 

CHAPTER III 

FEES IN OTHER COURTS AND IN PUBLIC OFFICES 

6. Fees on documents filed, etc., in Mufassal Courts or in public offices.—Except in the Court 
hereinbefore  mentioned,  no  document  of  any  of  the  kinds  specified  as  chargeable  in  the  first  or 
second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or 
shall be received or furnished by any public officer, unless in respect of such document there be paid 
a fee  of  an amount  not less than that indicated  by either  of the said  schedules as the proper  fee for 
such document. 

Orissa 

STATE AMENDMENT 

Amendment of section 6 of Act (7 of 1870).--Section 6 of the principal Act shall be re-numbered as 

sub-section (1) of section 6 and , after the said sub-section, the following sub-section shall be inserted:— 

―(2) Notwithstanding anything contained in sub-section (1), the Provincial Government may, by 
notification, direct that  a copy of a document, specified as chargeable in Schedules I and II to this 
Act annexed,  shall be furnished by a public officer without payment of the  fee indicated by either of 
the  said  Schedules    as  the  proper  fee  for  such  copy  and  the  copy  so  furnished  shall  be  chargeable  
with the requisite  fee only when it is filed, exhibited or recorded in any Court of justice or received 
by a public officer as mentioned in sub-section (1).‖ 

[Vide Orissa Act 5 of 1939, s. 4] 

Uttar Pradesh 

STATE AMENDMENT 

Amendment  of  section  6  of  Act  (7  of  1870).—In  section  6  of  the  Court  Fees  Act,  1870  as 
amended in its application  to  Uttar  Pradesh, hereinafter, in this  Chapter referred to as the principal 
Act,— 

(a) in sub-section (1), in the first proviso, for the words ―the United‖ Provinces Tenancy Act, 
1939,  or  the  United  Provinces  Land  Revenue  Act,  1901‖,  the  words  ―any  law  relation  to  land 
tenures or land revenue shall be substituted; 

(b) in sub-section (6), for the words ―Chief Inspector of Stamps‖ the words ―Commission of 

Stamps‖ shall be substituted. 

[Vide Uttar Pradesh Act 6 of 1980, s. 2] 

Amendment  of  section  6-A.—In  section  6-A  of  the  principal  Act,  in  sub-section  (3),  for  the 

words ―Chief Inspector of Stamps‖, the words ―Commissioners of Stamps‖ shall be substituted. 

[Vide Uttar Pradesh Act 6 of 1980, s. 3] 

6 

 
 
 
 
 
Amendment  of  section  6-B.—In  section  6-B  of  the  principal  Act,  in  sub-section  (1),  for  the 

words ―Chief Inspector of Stamps‖, the words ―Commissioner of Stamps‖ shall be substituted.  

[Vide Uttar Pradesh Act 6 of 1980, s. 4] 

7. Computation of fees payable in certain suits.—The amount of fee payable under this Act in the 

suits next hereinafter mentioned shall be computed as follows:—  

for  money.—(i) In suits for money (including suits for damages or  compensation, or arrears of 

maintenance, of annuities, or of other sums payable periodically)—according to the amount claimed. 

for  maintenance  and  annuities.—(ii)  In  suits  for  maintenance  and  annuities  or  other  sums 
payable periodically—according to the value of the subject-matter of the suit, and such value shall be 
deemed to be ten times the amount claimed to be payable for one year: 

for other movable property having a market-value.— (iii) In suits for movable property other 
than  money,  where  the  subject-matter  has  a  market-value—according  to  such  value  at  the  date  of 
presenting the plaint; 

(iv) In suits—  

for  movable  property  of  no  market-value.—(a)  for  movable  property  where  the  subject-

matter has no market-value, as, for instance, in the case of documents relating to title, 

to  enforce  a  right  to  share  in joint family  property.—(b) to enforce the right to share in 

any property on the ground that it is joint family property, 

for  a  declaratory  decree  and  consequential  relief.—(c)  to  obtain  a  declaratory  decree or 

order, where consequential relief is prayed, 

for an injunction.—(d) to obtain an injunction, 

for  easements.—(e)  for a right to some benefit (not herein otherwise provided for) to arise 

out of land, and 

for accounts.—(f) for accounts—  

according to the amount at which the relief sought is valued in the plaint or memorandum 

of appeal : 

In all such suits the plaintiff shall state the amount at which he values the relief sou ght 

1***: 

for  possession  of  land,  houses  and  gardens.—(v)  In  suits  for  the  possession  of  land,  houses  and 

gardens—according to the value of the subject-matter; and such value shall be deemed to be—  

where the subject-matter is land, and—  

(a)  where  the  land  forms  an  entire  estate,  or  a  definite  share  of  an  estate,  paying  annual 

revenue to Government, 

or  forms  part  of  such  an  estate  and  is  recorded  in  the  Collector‘s  register  as  separately 

assessed with such revenue, 

and such revenue is permanently settled—  

ten times the revenue so payable: 

(b)  where  the  land  forms  an  entire  estate,  or  a  definite  share  of  an  estate,  paying  annual 

revenue to Government, or forms part of such estate and is recorded as aforesaid; 

1. The words ―and the provisions of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word ‗claim‘, the 

words ‗relief sought‘, were substituted‖ omitted by Act 12 of 1891, s. 3 and the First Schedule. 

7 

 
 
 
 
 
                                                      
and such revenue is settled, but not permanently—  

five times the revenue so payable: 

(c) where the land pays no such revenue, or has been partially exempted from such payment, or is 

charged with any fixed payment in lieu of such revenue, 

and nett profits have arisen from the land during the year next before the date of presenting the plaint—  

fifteen times such nett profits: 

but  where  no  such  nett  profits  have  arisen  therefrom—  the  amount  at  which  the  Court  shall 

estimate the land with reference to the value of similar land in the neighbourhood : 

 (d) where the land forms part of an estate paying revenue to Government, but is not a definite 
share of such estate and is not separately assessed as above-mentioned—the market-value of the land: 
Proviso as to Bombay Presidency.—Provided that, in the 1territories subject to the Governor of 

Bombay in Council, the value of the land shall be deemed to be—  

(1) where the land is held on settlement for a period not exceeding thirty years and pays the 

full assessment to Government—a sum equal to five times the survey-assessment; 

(2)  where  the  land  is  held  on  a  permanent  settlement,  or  on  a  settlement  for  any  period 
exceeding thirty years, and pays the full assessment to Government—a sum equal to ten times the 
survey-assessment; and 

(3)  where  the  whole  or  any  part  of  the  annual  survey-assessment  is  remitted—  a  sum 
computed  under  paragraph  (1)  or  paragraph  (2)  of  this  proviso,  as  the  case  may  be,  in 
addition to ten times the assessment, or the portion of assessment, so remitted;  

Explanation.—The  word  ―estate‖,  as  used  in  this  paragraph,  means  any  land  subject  to  the 
payment  of  revenue,  for  which  the  proprietor  or  a  farmer  or  raiyat  shall  have  executed  a  separate 
engagement to Government, or which, in the absence of such engagement, shall have been separately 
assessed with revenue: 

for  houses  and  gardens.—(e)  Where  the  subject-matter  is  a  house  or  garden  according  to  the 

market-value of the house or garden: 

to enforce a right of pre-emption.—(vi) In suits to enforce a right of pre-emption-according to the 
value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect 
of which the right is claimed: 

for  interest  of  assignee  of  land  revenue.—(vii)  In  suits  for  the  interest  of  an  assignee  of  land 

revenue—fifteen times his nett profits as such for the year next before the date of presenting the plaint; 

to set aside an attachment.—(viii) In suits to set aside an attachment of land or of an interest in land 

or revenue—according to the amount for which the land or interest was attached: 

Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be 

computed as if the suit were for the possession of such land or interest. 

to redeem.—(ix) In suits against a mortgagee for the recovery of the property mortgaged, 

to foreclose.—and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made 

by conditional sale, to have the sale declared absolute—  

according to the principal money expressed to be secured by the instrument of mortgage : 

1. See  para.8  of  the  A.O.  1937.  In  view  of  this  provision  the  expression  ―Governor  of  Bombay  in  Council‖  has  been  left 

unmodified. 

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for specific performance.—(x) In suits for specific performance—  

(a) of a contract of sale—according to the amount of the consideration : 

(b) of a contract of mortgage—according to the amount agreed to be secured : 

(c) of a contract of lease—according to the aggregate amount of the fine or premium (if any) and 

of the rent agreed to be paid during the first year of the term : 

(d) of an award—according to the amount or value of the property in dispute :  

between landlord and tenant.— (xi) In the following suits between landlord and tenant:— 

(a) for the delivery by a tenant of the counterpart of a lease,  

(b) to enhance the rent of a tenant having a right of occupancy, 

(c) for the delivery by a landlord of a lease, 
1[(cc) for the recovery of immovable property from a tenant, including a tenant holding over after 

the determination of a tenancy,] 

(d) to contest a notice of ejectment, 
(e)  to  recover  the  occupancy  of 2[immovable  property]  from  which  a  tenant  has  been  illegally 

ejected by the landlord, and 

(f) for abatement of rent—  

according  to  the  amount  of  the  rent  of  the  2[immovable  property]  to  which  the  suit  refers, 

payable for the year next before the date of presenting the plaint. 

STATE AMENDMENT 

Orissa 

Amendment of section 7 of Act (7 of 1870).—In section 7 of the principal Act, for the words ―in the 
suits next hereinafter mentioned‖ the words ―in the suits next hereinafter mentioned except suits for relief 
under section 14 of the Religious Endowments Act, 1863, or under section 91 or section 92 of the Code of 
Civil Procedure, 1908‖, shall be substituted.  

[Vide Orissa Act 5 of 1939, s. 5] 

Amendment of section 7ii of Act (7 of 1870).—In section 7ii of the principal Act, after the words 
―shall  be  deemed  to  be  the  words‖  ―in  suits  for  maintenance  five  times  and  in  other  suits‖  shall  be 
inserted. 
[Vide Orissa Act 5 of 1939, s. 6] 

Amendment of section 7iv of Act (7 of 1870).—Clause (b) of section 7iv of the principal Act shall 

be omitted. 
[Vide Orissa Act 5 of 1939, s. 7] 

Insertion new paragraph in section 7 of Act (7 of 1870).—In section 7 of the principal Act after 

paragraph iv the following paragraph shall be inserted:— 

―iv-A. in a suit  for cancellation of a decree for money or other property having a money –value , 

or other document securing money or other property having such value, 

According to the value of the subject-matter of the suit, and such value shall be deemed to be— 

if the whole decree or other document is sought to be cancelled, the amount or the value 

of the property  for which the decree was passed or the other document executed, 

1. Ins. by Act 6 of 1905, s. 2. 
2. Subs. by s. 2, ibid., for ―land‖. 

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if  a  part  of  the  decree  or  other  document  is  sought  to  be  cancelled,  such  part  of  the 

amount or value of the property. 

Explanation.—In any case where a suit for the cancellation of a whole decree for money  
or other property having a money value, or other document securing  money or other property having 
such  value  has  to  be  instituted,  but  the  substantial relief  claimed  is  only  in  respect  of  a  part  of  the 
amount or the decree was passed or the other document as executed, the value of the subject matter of 
the suit shall be deemed to be such part of the amount or value of the property in respect of which the 
relief is sought.‖ 

[Vide Orissa Act 5 of 1939, s. 8] 

Amendment  paragraph  v  of  section  7  of  Act  (7  of  1870).—In  paragraph  v  of  section  7  of  the 

principal Act, 

      (1) in clause (a), for the word ―ten‖ the word ―ten‖ shall be substituted; 
      (2) in clause (b), for the word ―five‖ the word ―ten‖ shall be substituted; 
      (3) the following proviso shall be inserted after the existing proviso:— 
―Provided further that  in suits  for  possession  of land  if rules  are framed  under section 3  of the 
Suits Valuation  Act, 1887 (7 of 1887), for determining the value for the purposes of jurisdiction, the 
value so determined shall be deemed to be the value of the  hand for the purposes of this paragraph ; 
and 

(4)  the  existing  Explanation  shall  be  re-numbered  as  Explanation    I,  and,  after  the 

Explanation so re-numbered, the following Explanation shall be added, namely:— 
―Explanation II.—In this paragraph, ‗building‘ includes a house, out-house, stable, privy, urinal, 
shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any 
other material whatsoever.‖ 
[Vide Orissa Act 5 of 1939, s. 9] 

Insertion of new paragraph vi-A in section 7 of Act (7 of 1870).—In section 7 of the principal Act 

after paragraph vi the following paragraph shall be inserted:— 

―vi-A. In suits for partition and separate possession of a share of joint family property or of joint 
property, or to enforce a right to a share in any property on the ground that it is joint family property 
or joint property— 

if  the  plaintiff  alleges  that  he  has  been  excluded  from  possession  of  the  property  of  which  he 
claims to be a coparcener or co-owner-according to the  market-value of the share in respect of which 
the suit is instituted. 

Explanation.—The  word  ―possession‖  for  the  purposes  of  this  paragraph  includes  constructive 

possession.‖ 

[Vide Orissa Act 5 of 1939, s. 10] 

8. Fee on memorandum of appeal against order relating to compensation. —The amount of 
fee payable under this Act on a memorandum of appeal against an orde r relating to compensation 
under any Act for the time being in force for the  1acquisition of land for public purposes, shall be 
computed  according  to  the  difference  between  the  amount  awarded  and  the  amount  claimed  by 
the appellant. 

Orissa 

STATE AMENDMENT 

Insertion of new section 8A in Act (7 of 1870).--After section 8 of the principal Act, the following 

section shall be inserted:— 

1. See now the Land Acquisition Act, 1894 (1 of 1894). 

10 

 
 
 
 
 
 
 
 
 
                                                      
―8A. Statement  of  particulars  of subject-matters of  suits  and  plaintiff’s valuation thereof.—In 
every suit in which an advalorem court-fee is payable under this Act on the plaint, the plaintiff shall file 
with  the  plaint  a  statement  of  particulars  of  the  subject-matter  of  the  suit  ad  his  own  valuation  thereof 
unless such particulars and the valuation are contained in the plaint. The statement shall be in such form 
and shall contain such particulars as may be prescribed by the Provincial Government by notification in 
the Gazette. In every such suit the plaintiff shall also, if the Court so  directs, file a duplicate copy of the 
plaint and of the  said statement‖. 

[Vide Orissa Act 5 of 1939, s. 11] 

9.  Power  to  ascertain  nett  profits  or  market-value.—If  the  Court  sees  reason  to  think  that  the 
annual  nett  profits  or the market-value  of  any  such  land,  house  or  garden  as is  mentioned in section  7, 
paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing 
the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to 
make such local or other investigation as may be necessary, and to report thereon to the Court. 

10. Procedure where nett profits or market-value wrongly estimated.— (i) If in the result 
of any such investigation the  Court finals that the nett profits or  market-value have or has been 
wrongly  estimated,  the  Court,  if  the  estimation  has  been  excessive,  may  in  its  discretion  ref und 
the  excess  paid  as  such  fee:  but,  if  the  estimation  has  been  insufficient,  the  Court  shall  require 
the plaintiff to pay so much additional fee as would have been payable had the said market -value 
or nett profits been rightly estimated. 

(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid 

within such time as the Court shall fix, the suit shall be dismissed. 

1* 

           *  

           *  

           *  

           * 

11.  Procedure  in  suits  for  mesne  profits  or  account  when  amount  decreed  exceeds  amount 
claimed.—In suits for mesne profits or for immovable property and mesne profits, or for an account, if 
the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff 
valued the relief sought, the decree shall not be executed until the difference between the fee actually paid 
and the fee which would have been payable had the suit comprised the whole of the profits or amount so 
decreed shall have been paid to the proper officer. 

Where  the  amount  of  mesne  profits  is  left  to  be  ascertained  in  the  course  of  the  execution  of  the 
decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be 
stayed until the difference between the fee actually paid and the fee which would have been payable had 
the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within 
such time as the Court shall fix, the suit shall be dismissed. 

STATE AMENDMENT 

Orissa 

Amendment  of  section  11  of  Act  (7  of  1870).--For  the  second  paragraph  of  section  11  of  the 

principal Act the following paragraphs shall be substituted:— 

―Where  a  decree  directs  an  enquiry  as  to  mesne-profits  which  have  accrued    on  the  property 
during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the 
profits claimed, no final decree shall be passed till the difference  between the fee actually paid and 
the fee which would have been  payable had the suit comprised the whole of the profits so ascertained 
is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess 
shall be dismissed, unless the Court, for sufficient cause, extends the time for payment. 

Where a decree directs an inquiry as to mesno-profits from the institution of the suit and a final 
decree is passed in accordance with the result of such inquiry , the decree shall not be executed until 

1. Clause (iii) rep. by Act 12 of 1891, s. 3 and the First Schedule.   

11 

 
 
 
 
 
 
 
 
 
 
                                                      
 
such fee is paid would have been payable on the amount claimed  in execution if a separate suit had  
been instituted therefor.‖ 

[Vide Orissa Act 5 of 1939, s. 12] 

12. Decision of questions as to valuation.—(i) Every question relating to valuation for the purpose 
of  determining  the  amount  of  any  fee  chargeable  under  this  Chapter  on  a  plaint  or  memorandum  of 
appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, 
and such decision shall be final as between the parties to the suit. 

(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court 
considers that the said question has been wrongly decided to the detriment of the revenue, it shall require 
the party by whom such fee has been paid to pay so much additional fee as would have been payable had 
the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply. 

STATE AMENDMENT 

Orissa 

Amendment of section 12 of Act (7 of 1870).-- (1) In section 12 of the principal Act, for paragraph 

ii, the following paragraph shall be substituted:— 

―ii.  But  whenever  any  such  suit  comes  before  a  Court  of  appeal,  reference  or  revision,  if  such 

Court considers that the said question has been wrongly decided, it shall— 

(a)  in  any  case  in  which  the  decision  is  to  the  detriment  of  revenue,  require  the  party    by 
whom such fee has been paid, to pay so much additional fee as would have been payable had the 
question been rightly decided and thereafter— 

(i) if the party required to pay is the appellant or petitioner, the appeal or petition shall be 
stayed until the additional fee is paid. If the additional fee is not paid within such time as the 
Court shall fix, the appeal or petition shall be dismissed; 

(ii) if the party required to pay it‘s the respondent or the opposite party, the Court shall 
fix a date before which such party shall pay the amount of court  fee due from him and, if 
such  party  fails  to  pay  the  fee  required  before  the  date  fixed  by  the  Court,  the  Court  shall 
recover the amount of such fee from  him as if it were an arrear of land revenue. Where the 
Court considers that the amount of such fee should be paid to the respondent or the opposite 
party by the appellant or the petitioner, as the case may be , the Court may provide for such 
payment in the order as to costs in the said appeal or petition; and  

(b) in any case in which the decision is that any excess  fee  has been levied, direct the refund of 
so much  excess fee to the party  who paid it as would not have been payable  had the question been 
rightly decided. 

Explanation.—For the purposes of this section a question relating to the classification of any suit 

in regard to section 7 shall not be deemed to be a question relating to valuation.‖ 

[Vide Orissa Act 5 of 1939, s. 13] 

13.  Refund  of  fee  paid  on  memorandum  of  appeal.—  If  an  appeal  or  plaint,  which  has  been 
rejected by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered 
to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2section 351 of the 
same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a 
certificate,  authorizing  him  to  receive  back  from  the  Collector  the  full  amount  of  fee  paid  on  the 
memorandum of appeal: 

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 
2. This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order XLI, rule 23 of the 

First Schedule. 

12 

 
 
 
 
 
                                                      
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of 
the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back 
more than so much fee as would have been originally payable on the part or parts of such subject-matter 
in respect whereof the suit has been remanded. 

STATE AMENDMENT 

Orissa 

Amendment of section 13.-In the Court-fees Act, 1870 (7 of 1870),— 

(a)  For  the  marginal  heading  to  section  13,  the  following  marginal  heading  shall  be  substituted, 

namely:— 

―Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has 

been arrived at by a Lok Adalat.‖; 

(b) Section 13 shall be renumbered as sub-section (1) thereof and — 

(i) In sub-section (1) as  so renumbered,  for the words and figures ― the Code of Civil Procedure‖  
and ―section 351 of the same Code‖, the words and figures ― the Code Civil Procedure, 1908‖ and 
―rule 23 of Order XLI of the First Schedule to the said Code‖ shall respectively be substituted; and 

(ii)  After  sub-section  (1)  as  so  renumbered,  the  following  new  sub-section  shall  be  inserted, 

namely:— 

―(2)  Where  a  compromise  or  settlement  has  been  arrived  at,  by  a  Lok  Adalat  in  a  case 
referred to it under sub-section (1) of section 20 of the Legal Services Authorities Act, 1987 (39 
of 1987), the Court by which the case was so referred to the Lok Adalat shall  grant a certificate 
to  the  party  or  every  party  to  the  case  who  paid  any  court-fee  in  that  case,  authorizing  him  to 
receive back from the Collector the full amount of the fee so paid.‖. 

[Vide Orissa Act 7 of 2002, s. 2] 

14. Refund of fee on application for review of judgment. —Where an 1application for a review of 
judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay 
was  caused  by  the  applicant‘s  laches,  may,  in  its  discretion,  grant  him  a  certificate  authorizing  him  to 
receive  back  from  the  Collector  so  much  of  the  fee  paid  on  the  application  as  exceeds  the  fee  which 
would have been payable had it been presented before 2such day. 

15.  Refund  where  Court  reverses  or  modifies  its  former  decision  on  ground  of 
mistake.—Where  an  application  for  a  review  of  judgment  is  admitted,  and  where,  on  the 
rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or 
fact, the applicant shall be entitled to a certificate from the Court authori sing him to receive back 
from  the  Collector  so  much  of  the  fee  paid  on  the  3[application]  as  exceeds  the  fee  payable  on 
any  other  application  to  such  Court  under  the  second  schedule  to  this  Act,  No.  1,  clause  ( b)  or 
clause (d). 

But  nothing  in  the  former  part  of  this  section  shall  entitle  the  applicant  to  such  certificate 
where the reversal or modification is due, wholly or in  part, to fresh evidence which might have 
been produced at the original hearing. 

16.  [Additional  fee  where  respondent  takes  objection  to  un-appealed  part  of  decree.]  Rep.  by  the 

Code of Civil Procedure, 1908 (5 of 1908). 

17.  Multifarious  suits.—Where  a  suit  embraces  two  or  more  distinct  subjects,  the  plaint  or 
memorandum  of  appeal  shall  be  chargeable  with  the  aggregate  amount  of  the  fees  to  which  the 
plaints  or  memoranda  of  appeal  in  suits  embracing  separately  each  of  such  subjects  would  be 
liable under this Act. 

Nothing in the former part of this section shall be deemed to affect the power conferred by the 4Code 

of Civil Procedure, section 9. 

1. As  to  application  for  review  of  judgment,  see  the  Code  of  Civil  Procedure,  1908  (Act  5  of  1908),  s.  114  and  Order  

XLVII of the First Schedule. 

2. See the First Schedule, Nos. 4 and 5, infra. 
3. Subs. by Act 20 of 1870, s. 1, for ―plaint or memorandum of appeal‖. 
4  See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 

13 

 
 
 
 
 
                                                      
18.Written  examinations  of  complainants.—When  the  first  or  only  examination  of  a  person 
who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other 
than an offence for which police-officers may arrest without a warrant, and who has not already presented 
a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the 
Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to 
remit such payment. 

STATE AMENDMENT 

Orissa 

Amendment  of  section  18  of  Act  (7  of  1870).—In  section  18  of  the  principal  Act,  for  the  words 

―eight annas‖ the words ―one rupee‖ shall be substituted. 
[Vide Orissa Act 5 of 1939, s. 14] 

Insertion of a new section 18-A Act (7 of 1l870). —After section 18 of the Court Fees Act, 1870, as 

in force in the State of Orissa the following new section shall be inserted, namely:— 

―18-A. Exemption to women.—(1) Notwithstanding anything contained in this Act no plaint in 
respect of a suit filed by a women, whose annual income does not exceed three thousand rupees, for 
maintenance or for enhancement of maintenance or for recovery of share in the estate of her deceased 
husband or  parent  in  the family  property  and  no petitions  filed  by  any  such  women  for  divorce  on 
ground of cruelty or other misconduct on the part of her husband shall be chargeable with court fees. 

(2) The Court in which such plaint or petition is filed shall have power to make such inquiry as it 

deems fit for assessing the income of the plaintiff or the petitioner, as the case may be.‖. 

[Vide Orissa Act 55 of 1975, s. 2] 

19.  Exemption  of  certain  documents.—Nothing  contained  in  this  Act  shall  render  the  following 

documents chargeable with any fee:—  

(i)  Power-of-attorney  to  institute  or  defend  a  suit  when  executed 1[by  a  member  of  any  of  the 

Armed Forces of the Union] not in civil employment. 

2* 

           *  

           *  

           *  

           * 

(iii) Written statements called for by the Court after the first hearing of a suit.  
3* 
(v) Plaints in suits tried by 4village Munsifs in the Presidency of Fort St. George. 

        *  

        *  

        *  

        * 

(vi) Plaints and processes in suits before District Panchayats in the same residency. 

(vii) Plaints in suits before Collectors under Madras Regulation 12 of 1816. 
(viii)  Probate  of  a  will,  letters  of  administration, 5[and,  save  as  regards  debts  and  securities  a 
certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect 
of which the probate or letters or certificate shall be granted does not exceed one thousand rupees. 

(ix) Application or petition to a Collector or other officer making a settlement of land-revenue, or 
to  a  Board  of  Revenue,  or  a  Commissioner  of  Revenue,  relating  to  matters  connected  with  the 
assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to 
the final confirmation of such settlement. 

(x) Application relating to a supply for irrigation of water belonging to Government. 

1. Subs. by the A.O. 1950, for ―by an officer, warrant-officer, non-commissioned officer or private of Her Majesty‘s army‖. 
2  Clause (ii) rep. by s. Act 12 of 1891, s. 3 and the First Schedule.  
3. Clause (iv) rep. by Act 13 of 1889, s. 2 and the Schedule. 
4. See the Madras Village Courts Act, 1889 (Mad. 1 of 1889). 
5. Subs. by Act 7 of 1889, s. 13, for ―and certificate mentioned in the first schedule to this Act annexed, No. 12‖. 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
(xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer 
of land-revenue by a person holding, under direct engagement with Government, land of which the 
revenue is settled, but not permanently. 

(xii) Application for service of notice of relinquishment of land or of enhancement of rent. 
(xiii) Written authority to an agent to distrain. 
(xiv)  First  application  (other  than  a  petition  containing  a  criminal  charge  or  information) 
for the summons of a witness or other person to attend either to give evidence or to produce a 
document or in respect of the production or filing of an exhibit not being an affidavit  made for 
the immediate purpose of being produced in Court. 

(xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances 

for personal appearance or otherwise. 

(xvi)  Petition,  application,  charge  or  information  respecting  any  offence  when  presented, 
made or laid to or before a police-officer, or to or before the 1Heads of Villages or the 2Village 
Police  in  the  territories  respectively  subject  to  the  Governors  in  Council  of  Madras  and 
Bombay. 

(xvii)  Petition  by  a  prisoner,  or  other  person  in  duress  or  under  restraint  of  any  Court  or  its 

officers. 

(xviii)  Complaint  of  a  public  servant  [as  defined  in  the  Indian  Penal  Code  (45  of  1860)],  a 

municipal officer, or an officer or servant of a Railway Company. 

(xix)  Application  for  permission  to  cut  timber  in  Government  forests,  or  otherwise  relating  to 

such forests. 

(xx) Application for the payment of money due by Government to the applicant.  
(xxi) Petition of appeal against the chaukidari assessment under 3Act No. 20 of 1856, or against 

any municipal tax. 

(xxii)  Applications  for  compensation  under  any  law  for  the  time  being  in  force  relating  to  the 

4acquisition of property for public purposes. 

(xxiii)  Petitions  presented  to  the  Special  Commissioner  appointed  under 5Bengal  Act  No.  2  of 

1869 (to ascertain, regulate and record certain tenures in Chota Nagpur.). 

[6(xxiv) (Petitions  under  the  Indian  Christian  Marriage  Act,  1872  (15  of  1872),  sections  45  and 

48.] 

Orissa 

STATE AMENDMENT 

In section 19 of the Court-Fees Act, 1870 (7 of 1870) (hereinafter referred to as the principal Act) in 

clause (viii) for the words‖ one thousand rupees‖ the words ―two thousand rupees‖ shall be substituted. 
[Vide Orissa Act 11 of 1967, s. 3] 

7[CHAPTER IIIA 
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION 

19A.  Relief  where  too  high  a  court-fee  has  been  paid.—Where  any  person  on  applying  for 
the probate of a will or letters of administration has estimated the property of the deceased to be of 
greater  value  than  the  same  has  afterwards  proved  to  be,  and  has  consequently  paid  too  high  a 
court-fee  thereon,  if,  within  six  months  after  the  true  value  of  the  property  has  been  ascertained, 
such  person  produces  the  probate  or  letters  to  the  Chief  Controlling  Revenue -authority 8[for  the 
local area] in which the probate or letters has or have been granted, 

1. See Madras Regulations 11 of 1816 and 4 of 1821, s. 6. 
2. See Bombay Village Police Act, 1867 (Born. 8 of 1867), ss. 14, 15 and 16. 
3. The Bengal Chaukidari Act, 1856. 
4. See now the Land Acquisition Act, 1894 (1 of 1894). 
5. The Chota Nagpur Tenures Act, 1869. 
6. Subs. by Act 15 of 1872, s. 2, for clause (xiv) which read as follows:---  
  ―Petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), s. 5, or under Act No. 5 of 1852, s. 9‖. 
7. Ins. by Act 13 of 1875, s. 6. 
8. Subs. by Act 10 of 1901, s. 3, for ―of the Province‖. 

15 

 
 
 
 
 
                                                      
and delivers to such Authority a particular inventory and valuation of the property of the deceased, 

verified by affidavit or affirmation, 

and  if  such  Authority  is  satisfied  that  a  greater  fee  was  paid  on  the  probate  or  letters  than  the  law 

required, 

the said Authority may—  

(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled; 

(b) substitute another stamp for denoting the court-fee which should have been thereon; and 

(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay 

the same in money, at his discretion. 

19B.  Relief  where  debts  due  from  a  deceased  person  have  been  paid  out  of  his  estate .—
Whenever  it  is  proved  to  the  satisfaction  of  such  Authority  that  an  executor  or  administrator  has 
paid debts due from the deceased to such an amount as, being deducted out of the amount or value 
of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the 
estate, would have occasioned a less court-fee to be paid on the probate or letters of administration 
granted in respect of such estate than has been actually paid thereon under this Act,  

such Authority may return the difference, provided the same be claimed within three years after the 

date of such probate or letters. 

But  when  by  reason  of  any  legal  proceeding,  the  debts  due  from  the  deceased  have  not  been 
ascertained and paid, or his effects have not been recovered and made available, and in consequence 
thereof the executor or administrator is prevented from claiming the return of such difference within 
the said term of three years, the said Authority may allow such further time for making the claim as 
may appear to be reasonable under the circumstances. 

19C.  Relief  in  case  of  several  grants.—Whenever  1 ***  a  grant  of  probate  or  letters  of 
administration has been or is made in respect of the whole of the property belonging to an estate, 
and  the  full  fee  chargeable  under  this  Act  has  been  or  is  paid  thereon,  no  fee  shall  be  chargeable 
under  the  same  Act  when  a  like  grant  is  made  in  respect  of  the  whole  or  any  part  of  the  same 
property belonging to the same estate. 

Whenever  such  a  grant  has  been  or  is  made  in  respect  of  any  property  forming  part  of  an 
estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is 
made in respect of property belonging to the same estate, identical with or including the property 
to which the former grant relates. 

19D.  Probates  declared  valid  as  to  trust  property  though  not  covered  by  court-fee.—  The 
probate of the will or the letters of administration of the effects of any person deceased heretofore or 
hereafter  granted  shall  be  deemed  valid  and  available  by  his  executors  or  administrators  for 
recovering,  transferring  or  assigning,  any  movable  or  immovable  property  whereof  or  whereto  the 
deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount 
or  value  of  such  property  is  not  included  in  the  amount  or  value  of  the  estate  in  respect  of  which  a 
court-fee was paid on such probate or letters of administration. 

19E. Provision for case where too low a court-fee has been paid on probates, etc.—Where 
any  person  on  applying  for  probate  or  letters  of  administration  has  estimated  the  estate  of  the 
deceased  to  be  of  less  value  than  the  same  has  afterwards  proved  to  be,  and  has  in  consequence 
paid  too  low  a  court-fee  thereon,  the  Chief  Controlling  Revenue-authority 2[for  the  local  area]  in 
which  the  probate  or  letters  has  or  have  been  granted  may,  on  the  value  of  the  estate  of  the 
deceased being verified by affidavit or affirmation, cause the probate or letters of administration to 

1. The word ―such‖ rep. by Act 12 of 1891. 
2. Subs. by Act 10 of 1901, s. 3, for ―of the Province‖. 

16 

 
 
 
 
 
                                                      
be duly stamped on payment of the full court-fee which ought to have been originally paid thereon 
in  respect  of  such  value  and  of  the  further  penalty,  if  the  probate  or  letters  is  or  are  produced 
within  one  year from the date of  grant, of five times, or, if it or they is or are produced after one 
year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee 
originally paid on such probate or letters: 

Provided that, if the application be made within six months after the ascertainment of the true 
value  of  the  estate  and  the  discovery  that  too  low  a  court -fee  was  at  first  paid  on  the  probate  or 
letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake  or 
of its not being known at the time that some particular part of the estate belonged to the deceased, and 
without  any  intention of  fraud  or to  delay  the  payment  of the  proper  court-fee, the  said  Authority  may 
remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum 
wanting to make up the fee which should have been at first paid thereon. 

19F. Administrator to give proper security before letters stamped under section 19E.—In case 
of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not 
cause the same to be duly stamped in manner aforesaid until the administrator has given such security to 
the Court by which the letters of administration have been granted as ought by law to have been given on 
the granting thereof in case the full value of the estate of the deceased had been then ascertained. 

1[19G.  Executors,  etc.,  not  paying  full  court-fee  on  probates,  etc.,  within  six  months 
after  discovery  of  under-payment.—Where  too  low  a  court-fee  has  been  paid  on  any  probate  or 
letters of administration in consequence of any mistake, or of its not being known at the time that some 
particular part of the estate belonged to the deceased, if any executor or administrator acting under such 
probate or letters does not, within six months 2*** after the discovery of the mistake or of any effects not 
known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting 
to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit 
the sum of one thousand rupees and also a further sum at the rate of ten per cent. on the amount of the 
sum wanting to make up the proper court-fee.] 

3[19H.  Notice  of  applications  for  probate  or  letters  of  administration  to  be  given  to  Revenue 
authorities, and procedure thereon.—(1) Where an application for probate or letters of administration 
is made to any Court other than a High Court, the Court shall cause notice of the application to be given 
to the Collector. 

(2)  Where  such  an  application  as  aforesaid  is  made  to  a  High  Court,  the  High  Court  shall  cause 
notice  of  the  application  to  be  given  to  the  Chief  Controlling  Revenue-authority 4[for  the  local  area  in 
which the High Court is situated]. 

(3)  The Collector within the local limits of whose revenue-jurisdiction the property of the deceased 
or  any  part thereof  is,  may  at  any  time  inspect  or cause  to  be  inspected,  and  take  or  cause  to  be  taken 
copies  of,  the  record  of  any  case  in  which  application  for  probate  or  letters  of  administration  has  been 
made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the 
value  of  the  property  of  the  deceased,  the  Collector  may,  if  he  thinks  fit,  require  the  attendance  of  the 
petitioner (either in person or by agent) and take evidence and inquire into the matter  in such manner as 
he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may 
require the petitioner to amend the valuation. 

(4)  If the petitioner does not amend the valuation to the satisfaction of the  Collector, the Collector 
may  move the Court before which the application for probate or letters of administration was made, to 
hold an inquiry into the true value of the property: 

1. As to recovery of penalties or forfeitures under s. 19G, see s. 19J, infra. 
2. The words and figures ―after the first day of April, 1875, or ―rep. by Act 12 of 1891, s. 3 and the First Schedule. 
3. Ins. by Act 11 of 1899, s. 2. 
4. Subs. by Act 10 of 1901, s. 3, for ―of the Province‖. 

17 

 
 
 
 
 
                                                      
Provided  that  no  such  motion  shall  be  made  after  the  expiration  of  six  months  from  the  date  of the 
exhibition of the inventory required by section 277 of the 1Indian Succession Act, 1865 (10 of 1865), or 
as the case may be, by section 98 of the 5Probate and Administration Act, 1881 (5 of 1881). 

(5)  The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, 
and shall record a finding as to the true value, as near as may be, at which the property of the deceased 
should have been estimated. The Collector shall be deemed to be a party to the inquiry. 

(6)  For  the  purposes  of  any  such  inquiry,  the  Court  or  person  authori sed  by  the  Court  to 
hold  the  inquiry  may  examine  the  petitioner  for  probate  or  letters  of  administration  on  oath 
(whether in person or by commission), and may take such further evidence as may be produced 
to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return 
to  the  Court  the  evidence  taken  by  him  and  report  the  result  of  the  inquiry,  and  such  report  and  the 
evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance 
with the report, unless it is satisfied that it is erroneous. 

(7)  The  finding  of  the  Court  recorded  under  sub-section  (5)  shall  be  final,  but  shall  not  bar  the 

entertainment  and  disposal  by  the  Chief  Controlling  Revenue-authority  of  any  application  under               
section 19E. 

(8)  The  State  Government  may  make  rules  for  the  guidance  of  Collectors  in  the  exercise  of  the 

powers conferred by sub-section (3).] 

2[19-I. Payment of court-fees in respect of probates and letters of administration.—(1) No order 
entitling  the  petitioner  to  the  grant  of  probate  or  letters  of  administration  shall  be  made  upon  an 
application for such grant until the petitioner has filed in the Court a valuation of the property in the form 
set  forth  in  the  third  schedule,  and  the  Court  is  satisfied  that  the  fee  mentioned  in  No.  11  of  the  first 
schedule has been paid on such valuation. 

(2)  The  grant  of  probate  or  letters  of  administration  shall  not  be  delayed  by  reason  of  any  motion 

made by the Collector under section 19H, sub-section (4).] 

1[19J.  Recovery  of  penalties,  etc.—  (1)  Any  excess  fee  found  to  be  payable  on  any  inquiry  held 
under  section  19H,  sub-section  (6),  and  any  penalty  or  forfeiture  under  section  19G,  may,  on  the 
certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as 
if it were an arrear of land-revenue by any Collector 3***. 

(2) The Chief Controlling Revenue-authority may remit the whole or any part of any such penalty or 
forfeiture as aforesaid, or any part of any penalty under section 19E or of any court-fee under section 19E 
in excess of the full court-fee which ought to have been paid.] 

1[19K.  Sections  6  and  28  not  to  apply  to  probates  or  letters  of  administration.—Nothing  in 

section 6 or section 28 shall apply to probates or letters of administration.]] 

CHAPTER IV 
PROCESS-FEES 

20.  Rules  as to cost  of  processes.—The High Court shall, as soon as may be, make rules as to the 

following matters:—  

(i)  The  fees  chargeable  for  serving  and  executing  processes  issued  by  such  court  in  its  appellate 
jurisdiction,  and  by  the  other  Civil  and  Revenue  Courts  established  within  the  local  limits  of  such 
jurisdiction; 

(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established 
within such limits in the case of offences other than offences for which police-officers may arrest without 
a warrant; and 

(iii) the remuneration of the peons and all other persons employed by leave of a Court in the service 

or execution of processes. 

1. See now the Indian Succession Act, 1925 (39 of 1925). 
2. Ins. by Act 11 of 1899, s 2. 
3. The words ―in any part of British India‖ rep by the A.O. 1948. 

18 

 
 
 
 
 
                                                      
The High Court may from time to time alter and add to the rules so made. 
Confirmation  and  publication  of  rules.—All  such  rules,  alterations  and  additions  shall, 
after being confirmed by the State Government  1***, be published in the Official Gazette, and 
shall thereupon have the force of law. 

Until  such  rules  shall  be  so  made  and  published,  the  fees  now  leviable  for  serving  and  executing 

processes shall continue to be levied, and shall be deemed to be fees leviable under this Act. 

21.  Tables  of  process  fees.—A  table  in  the  English  and  Vernacular  languages,  showing 
the fees chargeable for such service and executio n, shall be exposed to view in a conspicuous 
part of each Court. 

22. Number of peons in district and subordinate Courts.—Subject to rules to be made by the High 

Court and approved by the State Government 2***, 

every District Judge and every Magistrate of a district shall fix, and may from time to time alter, the 
number of peons necessary to be employed for the service and execution of processes issued out of his 
Court and each of the Courts subordinate thereto, 

Number of peons in Mufassal Small Cause Courts.—and for the purposes of this section, 
every  Court  of  Small  Causes  established  under  Act  No.  11  of  1865  (to  consolidate  and  amend 
the law relating to Courts of Small Causes beyond the local limits of the ordinary original civil 
jurisdiction of the High Courts of Judicature) 3 shall be deemed to be subordinate to the Court of 
the District Judge. 
23. Number of peons in Revenue Courts.—Subject to rules to be framed by the Chief Contro-
lling Revenue-authority and approved by the State Government  2***, every officer performing 
the functions of a Collector of a district shall fix, and may from time to time alter, the number 
of peons necessary to be employed for the service and execution of processes issued out of his 
Court or the courts subordinate to him. 

24. [Process served under this Chapter to be held to be process within meaning of Code 
of  Civil  Procedure.]  Rep.  by  the  Repealing  and  Amending  Act ,  1891  (12  of  1891),  s.  3  and 
the First Schedule. 

Uttar Pradesh 

STATE AMENDMENT 

Substitution of section 24-A.—For section 24-A for the principal Act, the following section shall be 

substituted, namely:— 

―24-A. Control of Court fee and Stamp Commissioner.—(1) The levy of fees under this Act shall 
be under the general control and superintendence of the Chief Controlling Revenue Authority, who may 
be assisted in the supervision thereof by the Commissioner of Stamps and by as many Additional many 
Additional  Commissioners  of 
the  Stamps,  Deputy  Commissioners  of  Stamps  and  Assistant 
Commissioners of Stamps as the State Government may appoint in the behalf or by any other subordinate 
agency appointed for the purpose. 

(2)  The  Officers  and  the  agency  referred  to  in  sub-section  (1)  shall  have  access  to  all  records,  and 
shall  be  furnished  with  all  such  information  as  may  be  required  by  them  for  the  performance  of  their 
duties under this Act.‖ 

[Vide Uttar Pradesh Act 6 of 1980, s. 5] 

1. The  words  ―and  sanctioned  by  the  Governor  General  of  India  in  Council‖  omitted  by  Act  38  of  1920,  s.  2  and  the      

2. The words ―and the Governor General of India in Council‖ omitted by Act 38 of 1920, s. 2 and the First Schedule.  
3. The reference to Act 11 of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (9 of 1887); 

First Schedule.  

see s. 2(3) of that Act. 

19 

 
 
 
 
 
 
                                                      
CHAPTER V 

OF THE MODE OF LEVYING FEES 

25. Collection of fees by stamps.—All fees referred to in section 3 or chargeable under this Act shall 

be collected by stamps. 

26.  Stamps  to  be  impressed  or  adhesive.—The  stamps  used  to  denote  any  fees  chargeable  under 
this  Act  shall  be  impressed  or  adhesive,  or  pertly  impressed  and  partly  adhesive,  as  the 1[appropriate 
Government] may, by notification in the Official Gazette, from time to time direct2. 

Jammu and Kashmir (UT).— 

STATE AMENDMENT 

Section  26  shall  be  numbered  as  sub-section  (1)  thereof,  and  after  sub-section  (1)  so  renumbered, 

insert the following sub-section, namely:— 

(2) For the purposes of sub-section (1), and section 25, ―stamp‖ means any mark, seal or endorsement 
by  any  agency  or  person  duly  authorised  by  the  Appropriate  Government,  and  includes  an  adhesive  or 
impressed stamp, for the purposes of court fee chargeable under this Act. 

Explanation:—―impressed stamp‖ includes impression by a franking machine or another machine, or a 
unique  number  generated  by  e-stamping  or  similar  software,  as  the  Appropriate  Government  may,  by 
notification in the official Gazette, specify‖. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. 
S.O. 1123(E) dated (18-3-2020).] 

Union Territory of Ladakh 

Section  26.--Numbered  as  sub-section  (1)  thereof,  and  after  sub-section  (1)  as  so  numbered, 

insert- 

'(2)  For  the  purposes  of  sub-section  (1),  and  section 25,  "stamp"  means  any  mark,  seal  or 
endorsement by any agency or person duly authorised by the Appropriate Government, and includes 
an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act. 

Explanation 7.--The expression "impressed stamp" includes impression by a franking machine or 
another machine, or a unique number generated by e-stamping or similar software, as the Appropriate 
Government may, by notification in the Official Gazette, specify.‘. 

Explanation  2.--The  expression  "e-stamping"  means  stamping  using  unique  number  or  code 

through an electronic machine or a software application‘. 

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification 
No. S.O. 3774(E), dated (23-10-2020).] 

27.  Rules  for  supply,  number,  renewal  and  keeping  accounts  of  stamps.—The  3[appropriate 

Government] may, from time to time, make rules for regulating—  

(a)  the supply of stamps to be used under this Act; 
(b) the number of stamps to be used for denoting any fee chargeable under this Act;  
(c)  the renewal of damaged or spoiled stamps; and 
(d) the keeping accounts of all stamps used under this Act:  

Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made 

with the concurrence of the Chief Justice of such Court. 

All  such  rules  shall  be  published  in  the  Official  Gazette,  and  shall  thereupon  have  the  force 

of law. 

1. Subs. by the A.O. 1937, for ―L. G.‖. 
2. For rules as to levy of court-fees by adhesive and impressed stamps, see Gazette of India, 1883. Pt. I, p 189. 

20 

 
 
 
 
 
                                                      
 
28.  Stamping  documents  inadvertently  received.—No  document  which  ought  to  bear  a  stamp 

under this Act shall be of any validity, unless and until it is properly stamped. 

But, if any such document is through mistake or inadvertence received, filed or used in any Court or 
office without being properly stamped, the presiding Judge or the head of the office, as the case may be, 
or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be 
stamped  as  he  may  direct;  and,  on  such  document  being  stamped  accordingly,  the  same  and  every 
proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance. 

STATE AMENDMENT 

Orissa 

Insertion  a  new  section  28-A,  Act  (7  of  1870).—After section 28 of the Court Fees Act, 1870 the 

following new section shall be inserted, namely:— 

―28-A.  Recovery  Deficient  or  unpaid  court  fees.---(1) If, on examination of the records of a Civil, 
Criminal  or  Revenue  case  which  has  been  disposed  of,  a  public  officer  finds  that  the  fee  payable 
under the Act or the rules made thereunder on any document filed, exhibited or recorded  therein has 
not  been paid or has been insufficiently  paid, he  shall report the fact to the presiding officer of the 
Court or to the revenue officer concerned. 

(2) Such presiding  officer or revenue officer, after satisfying  himself  of the correctness of such 
report,  shall record a provisional  finding that the  proper fee  has not been paid and determine the 
amount of fee payable and the person from  whom the fee or the difference thereof, if any, shall be 
recoverable. 

(3) After recording a finding under sub-section (2), the presiding officer or revenue officer shall 
issue a notice to the person referred to in that sub-section to show cause why he should not be ordered 
to pay the fee determined thereunder, and , if sufficient cause is not shown, the presiding officer or 
revenue officer shall confirm the finding and make an order requiring  such person to pay the proper 
fee before a date to be specified in that notice. 

(4) If  such person fails to pay the fee in accordance with the  notice issued under sub-section (3), 
it shall on the certificate of such presiding officer or revenue officer, be recoverable as an arrear of 
land revenue.‖ 

[Vide Orissa Act 13 of 1957, s. 2] 

29.  Amended  document.—Where  any  such  document  is  amended  in  order  merely  to  correct  a 
mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose 
a fresh stamp. 

30.  Cancellation  of  stamp.—No  document requiring a stamp under this Act shall be filed or acted 

upon in any proceeding in any Court or office until the stamp has been cancelled. 

Such  officer  as  the  Court  or  the  head  of  the  office  may  from  time  to  time  appoint  shall,  on 
receiving any such document, forthwith effect such cancellation by punching out the figure -head 
so as to leave the amount designated on the stamp untouched, and the part removed by punching 
shall be burnt or otherwise destroyed. 

CHAPTER VI 
MISCELLANEOUS 

31.  [Repayment  of  fees  paid  on  applications  to  Criminal  Courts.]  Rep.  by  the  Code  of  Criminal 

Procedure (Amendment) Act, 1923 (18 of 1923), s. 163. 

32. [Amendment of Act 8 of 1859 and Act 9 of 1869.] Rep. by the Repealing and Amending Act, 1891 

(12 of 1891), s. 3 and the First Schedule. 

33.  Admission  in  criminal  cases  of  documents  for  which  proper  fee  has  not  been  paid.—
Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee 

21 

 
 
 
 
 
 
has  not  been  paid  is,  in  the  opinion  of  the  presiding  Judge,  necessary  to  prevent  a  failure  of  justice, 
nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition. 

1[34.  Sale  of  stamps.—(1)  The 2[appropriate  Government]  may  from  time  to  time  make  rules  for 
regulating  the  sale  of  stamps  to  be  used  under  this  Act,  the  persons  by  whom  alone  such  sale  is  to  be 
conducted, and the duties and remuneration of such persons. 

(2)  All  such  rules  shall  be  published  in  the  Official  Gazette,  and  shall  thereupon  have  the 

force of law. 

(3)  Any  person  appointed  to  sell  stamps  who  disobeys  any  rule  made  under  this  section,  and 
any  person  not  so  appointed  who  sells  or  offers  for  sale  any  stamp,  shall  be  punished  wit h 
imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may  ext end  to  five 
hundred rupees, or, with both.] 

35. Power to  reduce  or remit fees.—The  2[appropriate Government] may, from time to time 
by  notification  in  the  Official  Gazette,  reduce  or  remit,  in  the  whole  or  in  any  part  of  3[the 
territories;  under  its  administration],  all  or  any  of  the  fees  mentioned  in  the  first  and  second 
schedules to this Act annexed, and may in like manner cancel or vary such order. 

STATE AMENDMENT 

Orissa 

Amendment of section 35 of Act (7 of 1870).—For section 35 of the principal Act, the following 

section shall be substituted:— 

“35. Power to suspend, reduce or remit fees.—(1) The Provincial Government may from time 
to time subject to such conditions or restrictions as it may think fit to impose, by notification in the 
Gazette suspend the payment of or reduce or remit, in the whole of Orissa or in any part thereof, all or 
any of the fees mentioned in Schedules I and II to this Act annexed and may in like manner cancel or 
vary such order. 

(3) The Provincial Government may from time to time by rules prescribe the  manner in which 
any fee the payment of which is suspended under sub-section (1) may be realized and for this purpose 
direct that such fee may be recovered as if it were an arrear of land revenue.‖ 

[Vide Orissa Act 5 of 1939, s. 15] 

36.  Saving  of fees to  certain  officers  of  High  Courts.—Nothing in Chapters II and V of this Act 
applies to the commission payable to the Accountant General of the High Court at Fort William, or to the 
fees which any officer of a High Court is allowed to receive in addition to a fixed salary. 

1. Subs. by Act 12 of 1891, s. 3 and the First Schedule, for section 34. 
2. Subs. by the A.O.1937, for ―L. G.‖. 
3. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for ―British India‖. 

22 

 
 
 
 
 
                                                      
 
                        Number 

1.  1 Plaint  2 [written  statement 
pleading  a  set-off  or  counter-
claim]  or  memorandum  of  appeal 
(not otherwise provided for in this 
Act)  2[or  of  cross-objection]  pre-
sented  to  any  Civil  or  Revenue 
Court  except  those  mentioned  in 
section 3. 

SCHEDULE I 

AD VALOREM FEES 
______ 

  When the amount or value of the subject-matter in dispute 

does not exceed five rupees. 
When such amount or value exceeds five rupees, for every 
five rupees, or part thereof, in excess of five rupees, up to 
one hundred rupees. 
When  such  amount  or  value  exceeds  one  hundred  rupees, 
for  every  ten  rupees,  or  part  thereof,  in  excess  of  one 
hundred rupees, up to one thousand rupees. 
When such amount or value exceeds one thousand rupees, 
for every one hundred rupees, or part thereof, in excess of 
one thousand rupees, up to five thousand rupees. 
When such amount or value exceeds five thousand rupees, 
for  every  two  hundred  and fifty  rupees,  or  part  thereof,  in 
excess of five thousand rupees, up to ten thousand rupees. 
When  such  amount  or  value  exceeds  ten  thousand  rupees, 
for every five hundred rupees, or part thereof, in excess of 
ten thousand rupees, up to twenty thousand rupees. 
When  such  amount  or  value  exceeds  twenty  thousand 
rupees,  for  every  one  thousand  rupees,  or  part  thereof,  in 
excess  of  twenty  thousand  rupees,  up  to  thirty  thousand 
rupees. 
When  such  amount  or  value  exceeds  thirty  thousand 
rupees,  for  every  two  thousand  rupees,  or  part  thereof,  in 
excess  of  thirty  thousand  rupees,  up  to  fifty  thousand 
rupees. 
When such amount or value exceeds fifty thousand rupees, 
for every five thousand rupees, or part thereof, in excess of 
fifty thousand rupees: 
Provided  that  the  maximum  fee  leviable  on  a  plaint  or 
memorandum of appeal shall be three thousand rupees. 

Indian 
(8  of 

2.  Plaint  3 *** 
in  a  suit  for 
possession  under  4 [the  Specific 
Relief Act, 1877, section 9]. 
the 
[Repealed  by 
3. 
Registration  Act,  1871 
1871)]. 
4.  Application 
review  of 
judgement, 5 if  presented  on  or  after 
the ninetieth day from the date of the 
decree. 
5. Application for review of 
judgments, 5if presented before the 
ninetieth day from the date of the 
decree. 

for 

.. 

.. 

.. 

.. 

Proper Fee 
Six annas. 

Six annas. 

Twelve annas. 

Five rupees. 

Ten rupees. 

Fifteen rupees. 

Twenty rupees. 

Twenty rupees. 

Twenty-five 
rupees. 

A  fee  of  one-half 
the 
amount 
prescribed  in  the 
foregoing scale. 

The fee leviable 
on the plaint or 
memorandum of 
appeal. 
One-half of the fee 
leviable on the 
plaint or 
memorandum of 
appeal. 

1. To ascertain the proper fee leviable on the institution of a suit, see the table annexed to this Schedule.  
2. Ins. by Act 5 of 1908, s. 155 and the Fourth Schedule. 
3. The words ―or memorandum of appeal‖ rep. by Act 20 of 1870 , s.1. 
4. Subs. by Act 12 of 1891, s. 3 and the First Schedule for ―Act No. 14 of 1859 (to provide for the limitation of 

suits)”. 

5. As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908). 

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
                 Number 

6.  Copy  or 
translation  of  a 
judgment  or  order  not  being,  or 
having the force of, a decree. 

7. Copy of a decree or order having 
the force of a decree. 

8.  Copy  of  any  document  liable  to 
stamp-duty under the Indian Stamp 
Act,  18791,  (1  of  1879),  when  left 
by any party to a suit of proceeding 
in place of the original withdrawn. 

9.  Copy  of  any  revenue  or  judicial 
proceeding  or  order  not  otherwise 
provided for by this Act, or copy of any 
account,  statement,  report  or  the  like, 
taken  out  of  any  Civil  or  Criminal  or 
Revenue  Court  or  office,  or  from  the 
office of any chief officer charged with 
the  executive  administration  of  a 
Division. 

10. [Rep. by the Guardians and Wards 
Act, 1890 (8 of 1890).] 

2[11.  Probate  of  a  will  or  letters  of 
administration  with  or  without  will 
annexed. 

______ 
When  such  judgment  or  order  is  passed  by  any  Civil  Court 
other  than  a  High  Court,  or  by  the  presiding  officer  of  any 
Revenue Court or office, or by any other Judicial or Executive 
Authority— 
(a) If the amount or value of the subject matter is fifty or less 
than fifty rupees. 
(b) If such amount or value exceeds fifty rupees. 
When such judgment or order is passed by a High Court.  
When  such  decree  or  order  is  made  by  any  Civil  Court  other 
than a High Court, or by any Revenue Court— 
(a)  If  the  amount  or  value  of  the  subject  matter  of  the  suit 
wherein such decree or order is made is fifty or less than fifty 
rupees. 
(b) If such amount or value exceeds fifty rupees. 
When such decree or order is made by a High Court. 
(a)  When  the  stamp-duty  chargeable  on  the  original  does  not 
exceed eight annas. 

(b) In any other case. 

Proper Fee 

Four annas. 

Eight annas. 
One rupee. 

Eight annas. 

One rupee. 
Four rupees. 
The  amount  of  the 
duty  chargeable  on 
the original. 
Eight annas. 

For  every  three  hundred  and  sixty  words  or  fraction  of  three 
hundred and sixty words. 

Eight annas. 

                                                 .. 

3[When the amount or value of the property in respect of which 
the  grant  of  probate  or  letters  is  made  exceeds  one  thousand 
rupees, but does not exceed ten thousand rupees. 

When  such  amount  or  value  exceeds  ten  thousand  rupees,  but 
does not exceed fifty thousand rupees. 

When such amount or value exceeds fifty thousand rupees: 

Provided that when, after the grant of a certificate under the 
Succession  Certificate  Act,  1889  (7  of  1889),  or  under  the 
Regulation of the Bombay Code, No. 8 of 1827, in respect of 
any  property  included  in  an  estate,  a  grant  of  probate  or 
letters  of  administration  is  made  in  respect  of  the  same 
estate,  the  fee  payable  in  respect  of  the  letter  grant  shall  be 
reduced  by  the  amount  of  the  fee  paid  in  respect  of  the 
former grant. 

             .. 

Two per centum on 
such 
amount  or 
value. 

Two  and  one-half 
per centum on such 
amount or value. 

Three  per  centum 
on  such  amount  or 
value.] 

1. See now the Indian Stamp Act, 1899 (2 of 1899). 
2. Subs. by Act 7 of 1889, s. 13, for article 11. 
3. These items were subs. by Act 7 of 1910, s. 2(i). 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
                 Number 

1[12. Certificate under the Suc-
cession Certificate Act, 1889 (7 of 
1889). 

______ 

In any case. 

2

[12A.  Certificate  under 

the 
Regulation  of  the  Bombay  Code 
No. 8 of 1827. 

3[(1) As regards debts and securities. 

(2)  As  regards  other  property  in  respect  of  which 
the certificate is granted— 
When the amount or value of such property exceeds 
one  thousand  rupees,  but  does  not  exceed  ten 
thousand rupees. 
When  such  amount  or  value  exceeds  ten  thousand 
rupees, but does not exceed fifty thousand rupees. 

When such amount or value exceeds fifty thousand 
rupees. 

1. Subs. by Act 7 of 1889, s. 13, for the article 12.  
2. Subs. by s. 13, ibid., for article 12A. 
3  These items were subs. by Act 7 of 1910, s. 2. 

25 

Proper Fee 

 Two  per  centum  on  the 
amount  or  value  of  any 
debt  or  security  specified 
in 
the  certificate  under 
section  8  of  the  Act,  and 
three  per  centum  on  the 
amount  or  value  of  any 
debt  or  security  to  which 
the  certificate  is  extended 
under  section  10  of  the 
Act. 
NOTE.- (1) The amount of 
a debt is its amount, inclu-
ding interest, on the day 
on which the inclusion of 
the debt in the certificate 
is applied for, so far as 
such amount can be asc-
ertained. 
(2) Whether or not any 
power with respect to a 
security specified cert-
ificate has been conferred 
under the Act, and, where 
such a power has been so 
conferred, whether the 
power is for the receiving 
of  interests or dividends 
on, or for the negotiation 
or, transfer, of the secur-
ity, or for both purposes, 
the value of the security is 
its market-value on the 
day on which the inclusion 
of the security in the cer-
tificate is applied for as far 
as such value can be asc-
ertained.] 
The same fee as would 
be payable in respect of 
a certificate under the 
Succession Certificate 
Act, 1889 (7 of 1889), 
or in respect of an ext-
ension of such a cert-
ificate, as the case may 
be. 

Two  per  centum  on 
such  amount  or  val-
ue. 

Two and one-half per 
centum  on  such  amo-
unt or value. 

Three  per  centum  on 
such  amount  or  val-
ue.]] 

 
 
 
 
 
 
 
 
 
 
 
                                                      
                 Number 

______ 

Proper Fee 

When  the  amount  or  value  of  the  subject-matter  in 
dispute does not exceed twenty-five rupees. 

Two rupees. 

under             

When  such  amount  or  value  exceeds  twenty-five 
rupees. 

The  fee  leviable  on 
a  memorandum  of 
appeal. 

its 

jurisdiction 

1 13.  Application  to  the  2 [High 
Court of Punjab] for the exercise 
of 
section  44  of  the  Punjab  Courts 
Act,  1918  (Punjab  6  of  1918)  or 
to  the  Court  of  the  Financial 
Commissioner  of  Punjab  for  the 
exercise 
revisional 
jurisdiction  under  section  84  of 
the  Punjab  Tenancy  Act,  1887 
(16 of 1887). 
14. [Rep. by the A.O. 1937.] 

its 

of 

15.  [Rep.  by  the  Repealing  and 
(11  of 
Amending  Act,  1923 
1923), s. 3 and Sch. II.] 

1. Ins. by the Punjab Courts Act, 1884 (8 of 1884), s. 71, as amended by the Punjab Courts Act 1899 (25 of 1899), s. 6. Article 13 
was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab 1 of 1912); but it has since been revived 
in this form by the Court-fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922). 

2. Subs. by the A.O. 1948, for ―High Court of Judicature at Lahore‖. 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
Assam. 

STATE AMENDMENT 

Amendment of Schedule 1 of Act 7 of 1870.—In Schedule I to the principal Act,— (1) for Article 1, 

the following shall be substituted, namely:— 

Number 
(1) 

(2) 

―1.  Plaint,  written  statement 
pleading  a  set-off  or  counter-
claim  or  memorandum  of  appeal 
(not  otherwise  provided  for  in 
this  Act)  or,  of  cross-objection 
any  Civil  or 
presented 
to 
Revenue  Court  except 
those 
mentioned in Section 3. 

When the amount or value of the subject-
matter in dispute does not exceed one 
hundred rupees, for every five rupees, or, 
part thereof of such amount or value; 

Proper fee 
(3) 

fifty-five paise. 

and 

When such amount or value exceeds one 
hundred rupees, for every ten rupees or part 
thereof, in excess of one hundred rupees up 
to one hundred and fifty rupees; 

One rupee and ninety-
five paise. 

and 

When such amount or values exceeds one 
hundred  and  fifty  rupees,  for  every  ten 
rupees, or part thereof, up to one thousand 
rupees; 

One rupee and forty 
paise. 

and 

When such amount or value exceeds one 
thousand rupees, for every one hundred 
rupees, or part thereof in excess of one 
thousand rupees, up to seven thousand five 
hundred rupees; 

Eight rupees and 
twenty-five paise. 

and 

When such amount or value exceeds seven 
thousand five hundred rupees, for every two 
hundred and fifty rupees, or part thereof, in 
excess of seven thousand five hundred 
rupees, up to thousand rupees; 

Sixteen rupees and 
fifty paise. 

and 

27 

 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When such amount or value exceeds ten, 
thousand rupees, for every five hundred 
rupees, or part thereof, in excess of ten 
thousand rupees, up to twenty  thousand 
rupees; 

and 
When such amount or value exceeds twenty 
thousand rupees, for every one thousand 
rupees, or part thereof in excess of twenty  
thousand rupees upto fifty thousand rupees; 
and 
When  such  amount  or  value  exceeds  fifty 
thousand  rupees,  for  every  five  thousand 
rupees,  or  part  thereof  in  exceess  of  fifty 
thousand rupees:   
Provided that the maximum fee leviable on 
a plaint or memorandum of appeal shall not 
exceed eleven thousand rupees.‖ 

Twenty-four rupees 
and seventy-five 
paise. 

Thirty-three rupees. 

Forty-one rupees and 
twenty-five paise. 

(2) for Articles 6, 7, 8 and 9 the following shall be substituted, namely: — 

―6.  Copy  or  translation  of  a 
judgment  or  order  not  being  or 
having the force of a decree. 

7. Copy of a decree or order 
having the force of a decree 

When such judgment or order is passed by 
any Civil Court other than High Court, or by 
the Presiding Officer of any Revenue Court 
or officer 
or by any other Judicial or Executive 
Authority: 
(a) if the amount or value of the subject-
matter is fifty or less than fifty rupees. 

 (b) if such amount or value exceeds fifty 
rupees. 
(c) when such judgment or order is passed 
by a High Court. 

When  such  decree  or  order  is  made  by  any 
Civil  Court  other  than  a  High,  Court,  or  by 
any Revenue Court— 

(a)  If  the  amount  or  value  of  the  subject 
matter  of  the  suit  wherein  such  decree  or 
order  is  made  is  fifty  or  less  than  fifty 
rupees. 

One rupee and ten 
paise. 
Two rupees and 
twenty paise. 

Four rupees and forty 
paise. 

Two rupees and 
twenty paise. 

(b) If such amount or value exceeds fifty 
rupees. 

(c) when such decree or order is made by 
High Court. 

Three rupees and 
thirty paise. 

Eight rupees and 
twenty-five paise. 

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(a) when the stamp-duty chargeable on 
the original does not exceed one rupee. 

The amount of the 
duty chargeable on the 
original. 

(b) In any other case. 

For every three hundred and sixty words 
or fraction of three hundred and sixty 
words. 

One rupee and twenty 
paise.‖ 
One rupee and twenty 
paise. 

8.  Copy  of  any  document  liable 
to  stamp-duty  under  the  Indian 
Stamp Act, 1899 (Act 2 of 1899), 
when left by any party to a suit or 
the 
proceeding 
original withdrawn. 

in  place  of 

9.  Copy  of  any  revenue  or 
judicial  proceeding  or  order  not 
otherwise  provided  for  by  this 
Act,  or  copy  of  any  account, 
like, 
statement,  report  or  the 
taken  out  of  any  Civil  or 
Criminal  or  Revenue  Court  or 
office  or  from  the  office  of  any 
Chief  Officer  charged  with  the 
executive 
of 
Division. 

administration 

[Vide Assam Act 28 of 1972, s. 2,] 

29 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
30 

 
 
 
 
 
31 

 
 
 
 
 
32 

 
 
 
 
 
 
 
 
33 

 
 
 
 
 
 
 
 
34 

 
 
 
 
 
 
 
 
35 

 
 
 
 
 
 
 
STATE AMENDMENT 

Assam 

Table of Rates of Ad valorem Fees Leviable on the Institution of  Suits 

When the amount or value of the 
subject matter exceeds 

But does not exceed 

Proper fee 

(1) 

Rs. 

"  " 

5 

10 

15 

20 

25 

30 

35 

40 

45 

50 

55 

60 

65 

70 

75 

80 

85 

90 

95 

100 

110 

120 

130 

140 

150 

(3) 

Rs. P. 

.55 

1.10 

1.65 

2.20 

2.75 

3.30 

3.85 

4.40 

4.95 

5.50 

6.05 

6.60 

7.15 

7.70 

8.25 

8.80 

9.35 

9.90 

10.45 

11.00 

12.95 

14.85 

16.80 

18.70 

20.55 

21.95 

(2) 

Rs. 

5 

10 

15 

20 

25 

30 

35 

40 

45 

50 

55 

60 

65 

70 

75 

80 

85 

90 

95 

100 

110 

120 

130 

140 

150 

160 

36 

 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject matter exceeds 

But does not exceed 

Proper fee 

(1) 

Rs. 

160 

170 

180 

190 

200 

210 

220 

230 

240 

250 

260 

270 

280 

290 

300 

310 

320 

330 

340 

350 

360 

370 

380 

390 

400 

410 

420 

430 

(3) 

Rs. P. 

23.30 

24.60 

25.90 

27.25 

28.55 

29.90 

31.20 

32.50 

33.85 

35.15 

36.50 

37.80 

39.15 

40.45 

41.75 

43.10 

44.40 

45.75 

47.05 

48.35 

49.0 

51.00 

52.35 

53.65 

54.95 

56.30 

57.60 

58.95 

(2) 

Rs. 

170 

180 

190 

200 

210 

220 

230 

240 

250 

260 

270 

280 

290 

300 

310 

320 

330 

340 

350 

360 

370 

380 

390 

400 

410 

420 

430 

440 

37 

 
 
 
 
 
 
 
 
When the amount or value of the 
subject matter exceeds 

But does not exceed 

Proper fee 

(1) 

Rs. 

440 

450 

460 

470 

480 

490 

500 

510 

520 

530 

540 

550 

560 

570 

580 

590 

600 

610 

620 

630 

640 

650 

660 

670 

680 

690 

700 

710 

(3) 

Rs. P. 

60 25 

61.55 

62.90 

64.20 

65.55 

66.85 

68.15 

69.50 

70.80 

72.15 

73.45 

74.75 

76.10 

77.40 

78.75 

80.05 

81.35 

82.70 

84.00 

85.35 

86.65 

87.95 

89.30 

90.60 

91.95 

93.25 

94. 55 

95.90 

(2) 

Rs. 

450 

460 

470 

480 

490 

500 

510 

520 

530 

540 

550 

560 

570 

580 

590 

600 

610 

620 

630 

640 

650 

660 

670 

680 

690 

700 

710 

720 

38 

 
 
 
 
 
 
 
When the amount or value of the 
subject matter exceeds 

But does not exceed 

Proper fee 

(1) 

Rs. 

720 

730 

740 

750 

760 

770 

780 

790 

800 

810 

820 

830 

840 

850 

860 

870 

880 

890 

900 

910 

920 

930 

940 

(3) 

Rs. P. 

97.20 

98.55 

99.85 

101.15 

102.50 

103.80 

105.15 

106.45 

107.75 

109.10 

110.40 

111.75 

113.05 

114.35 

115.70 

117.00 

118.35 

119.65 

120.95 

122.30 

123.60 

124.95 

126.25 

(2) 

Rs. 

730 

740 

750 

760 

770 

780 

790 

800 

810 

820 

830 

840 

850 

860 

870 

880 

890 

900 

910 

920 

930 

940 

950 

39 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Number 
(1) 

(2) 

Proper fee 

(3) 

5. Plaint or memorandum of appeal to a suit 

to establish or disprove a right of occupancy. 

6.  Bail-bond  or  other  instrument  obligation 

given in a pursuance of an order made by a Court 

or  Magistrate  under  any  section  of  the  Code  of 

Criminal Procedure, 1898 (Act V of 1898), or the 

Code of Civil Procedure, 1908 and not otherwise 

provided for by this Act. 

7. Undertaking under section 49 of the Indian 

Divorce Act, 1869. 

8. ... 

9. ... 

One rupee 

and ten paise. 

10. Mukhtarnama or Vakalatnama. 

When presented for the conduct of any one 
case— 

(a) to any Civil or Criminal Court other 

One rupee 

than a High Court, or to any Revenue 

and ten paise. 

Court, or to any Collector or Magistrate, 

or other Executive Officer except such as 

are mentioned in clauses (b) and (c) of 

this Number; 

(b) to a Commissioner of Revenue, 

Circuit or Customs or to any officer 

charged with the Executive 

Administration of a Division, not being 

the Chief Revenue or Executive 

Authority; 

(c) to a High Court, Chief 

Commissioner, Board of Revenue, or 

other Chief Controlling Revenue or 

Executive Authority, or an appellate 

Authority prescribed under the Motor 

Vehicles Act, 1939 (Act IV of 1939) or 

to an Appellate Authority prescribed 

under the Assam Sales Tax Act, 

1947(Assam Act XVII of 1947). 

Two rupees 

and seventy-

five paise. 

Five rupees 

and fifty 

paise. 

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Number 

(1) 

(2) 

Proper fee 

(3) 

11. Memorandum of appeal when the appeal 

(a) to any Civil Court other than a High 

Three rupees 

is not from a decree or an order having the 

Court, or to any Revenue Court or 

force of a decree, and is presented. 

Executive Officer other than the High 

and thirty 

paise. 

Court or Chief Controlling Revenue or 

Executive Authority except an authority 

specified in clause (b); 

(b) to an Excise Appellate Authority 

under Rule 340 of the Assam Excise 

Rules; 

(c) to a High Court or Chief 

Commissioner or other Chief Controlling 

Executive or Revenue Authority except an 

Authority prescribed in clause (b); 

Sixteen 

rupees and 

fifty paise. 

Eleven 

rupees. 

(d) To an Excise Appellate Authority 

Fifty five 

under Rule 341 of the Assam Excise Rule 

rupees. 

: 

(e) to a High Court in miscellaneous 

revenue matters except (f) below or to an 

Appellate Authority prescribed under the 

Motor Vehicles Act, 1939 (Act IV of 

1939); and 

(f) to a High Court in appeal and revision 

matters arising out of settlement of 

fishery— 

(i) When the bid money is below ten 

thousand rupees: 

Sixteen 

rupees and 

fifty paise. 

Sixteen 

rupees and 

fifty paise. 

(ii) When the bid money is above then 

Twenty-

thousand rupees but below twenty 

seven rupees 

thousand rupees: 

and fifty 

paise. 

(iii) When the bid money is above 

Thirty-tree 

12. Caveat... 

13. Application under Act No. 10 of 1859, 

section 26 or Bengal Act No. 6 of 1962, section 

9 or Bengal Act No. 8 of 1869 section 37. 

Number 

twenty thousand rupees. 

41 

rupees. 

Eleven 

rupees. 

Five rupees 

and fifty 

paise. 

Proper fee 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

(2) 

14. Petition in a suit under the Native Converts‘ 
Marriage Dissolution Act, 1866. 

17. Plaint or memorandum of appeal in each of 
the following suits:-- 

(i) to alter or set aside a summary decision 

or order of any of the Civil Courts not 

established by Letters Patent or of any 

Revenue Court; 

(ii) to alter or cancel any entry in a register 

of the names of proprietors of revenue-

paying estates; 

(3) 

Five rupees 

and fifty 

paise. 

Sixteen 

rupees and 

fifty paise. 

(iii) to obtain a declaration decree where no 

Twenty-two 

18. Application under section 14 or section 20, of 
the Indian Arbitration Act, 1940 (Act X of 1940), 
for a direction for filing an award or for an order 
for filing an agreement. 

19. Agreement in writing stating a question for 
the opinion of the Court under the Code of Civil 
Procedure, 1908 (Act V of 1908). 

20. Every petition under the Indian Divorce Act, 
1869 (Act IV of 1869), except petitions under 
section 44 of the same Act, and every 
memorandum of appeal under section 55 of the 
same Act. 
21. Plaint or memorandum of appeal under the 
Parsi Marriage and Divorce Act, 1865 (Act XV 
of 1865). 

[vide Assam Act 27 of 1972  s. 3] 

consequential relief is prayed; 

(iv) to set aside an award; 

(v) to set aside an adoption; 

(vi) every other suit where it is not possible 

to estimate at a money-value the subject-

matter in dispute, and which is not other-

wise provided for by this Act. 

When presented to a Munsif‘s Court. 

When presented to any other Court. 

rupees. 

Sixteen 

rupees and 

fifty paise. 

Twenty--two 

rupees. 

Sixteen 

rupees and 

fifty paise. 

Sixteen 

rupees and 

fifty paise. 

Fifty-five 

rupees. 

Sixteen 

rupees and 

fifty paise. 

Twenty-two 

rupees. 

Twenty-two 

rupees.] 

42 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
STATE AMENDMENT 

Orissa 

Amendment of Schedule I Act (7 of 1870).-In Schedule I to the principal Act for articles 11 and 12, 

the following articles shall be substituted, namely:-- 

Number 
(1) 
“11. Probate of a will or letters of 
administration  with  or  without 
will annexed. 

    Proper fee 
(3) 
Two per centum  

Three per centum  

Four per centum  

Five per centum 

to 

(2) 
When the amount or value of the 
property  in  respect  of  which  the 
grant of probate or letters is made 
exceeds two thousand rupees, on 
such  amount  or  value  up  to  ten 
thousand rupees. 
                             and 
When  such  amount  or  value 
exceeds ten thousand  rupees, on 
the  portion  of  such  amount  or 
value  which  is  in  excess  of  ten 
thousand 
fifty 
rupees  up 
thousand rupees. 
                        and   
  When  such  amount  or  value 
exceeds  fifty    thousand  rupees, 
on the portion of such amount or 
value  which  is  in  excess  of  fifty 
thousand rupees up to one lakh of 
rupees, 
                      and                              
When  such  amount  or  value 
exceeds  a  lakh  of  rupees,  on  the 
portion  of  such  amount  or  value 
which is in excess of one lakh of 
rupees: 
Provided  that  when,  after  the 
grant  of  a  certificate  under  the 
Indian  Succession  Act,  1925  (39 
of 1925) or under the Regulation 
of the Bombay Code No.8 of 1827, 
in  respect  of  any  property  included 
in  an  estate,  a  grant  of  probate  or 
letters  of  administration  is  made  in 
respect  of  the  same  estate,  the  fee 
payable in respect of the latter grant 
shall  be  reduced  by  the  amount  of 
the fee paid in respect  of the former 
grant. 

43 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                          
 
 
 
  
 
 
 
12. Certificate under the Indian 
Succession Act, 1925. 

When the amount or value of any 
debt  or  security  specified  in  the 
certificate  under  section  374  of 
the  Act,  exceeds  one  thousand 
rupees,  on  such  amount  or  value 
up to ten thousand rupees, 

                          and     
When  such  amount  or  value 
exceeds ten thousand  rupees, on 
the  portion  of  such  amount  or 
value  which  is  in  excess  of  ten 
thousand 
  rupees  up  to  fifty 
thousand rupees, 

Two  per  centum,  and  on  the 
amount  or  value  of  any  debt  or 
security to which the certificate is 
extended under section 376 of the 
Act, three per centum. 

Three  per  centum,  and  on  the 
amount  or  value  of  any  debt  or 
security to which the certificate is 
extended under section 376 of the 
Act, four-and-a-half per centum. 
Four  per  centum,  and  on  the 
mount  or  value  of  any  debt  or 
security to which the certificate is 
extended under section 376 of the  
Act, six per centum. 

Five per centum, and on the 
amount or value of any debt or 
security to which the certificate is 
extended under section 376 of the 
Act, seven-and-a-half per 
centum.‖ 

                            and                                        

When  such  amount  or  value 
exceeds fifty thousand rupees, on 
the  portion  of  such  amount  or 
value which is in excess of  fifty 
thousand    rupees  up  to  one  lakh 
of rupees,                           and  
When  such  amount  or  value 
exceeds  a  lakh  of  rupees,  on  the 
portion  of  such  amount  or  value 
which is in excess of one lakh of 
rupees. 

SCHEDULE 
(See section 2) 

Number and year 
(1) 
Bihar and Orissa Act 1 of 1952 

Madras  Act  V  of  1922  Central  Province  Act  XVI 
of 1935 

Short title 
(2) 
Bihar  and  Orissa  Court-Fees  (Amendment    Act, 
1922). 
Madras Court-Fees (Amendment) Act, 1922 Court-
Fees (Central Provinces Amendment) Act, 1935. 

44 

 
 
 
 
 
 
     
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

1        
Rs. 

1,400 

1,500 

1,600 

1,700 

1,800 

1,900 

2,000 

2,100 

2,200 

2,300 

2,400 

2,500 

2,600 

2,700 

2,800 

2,900 

3,000 

3,100 

3,200 

3 
Rs.   a.   p. 

141  4  0 

148   12  0 

156  4    0 

163  12  0 

171  4   0 

178   12  0 

186   4  0 

193   12   0 

201   4   0 

208   12  0 

216   4   0 

223   12   0 

231   4   0 

238    12   0 

246   4     0 

263   12   0 

261  4    0 

268   12   0 

276   4   0 

2 
Rs. 

1,500 

1,600 

1,700 

1,800 

1,900 

2,000 

2,100 

2,200 

2,300 

2,400 

2,500 

2,600 

2,700 

2,800 

2,900 

3,100 

3,200 

3,300 

3,300 

45 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

3 
Rs. a.  p. 
88  0  0 

89   2  0 

90   4  0 

91   6  0 

92    8  0 

93   10 0 

94   12  0 

95    14 0 

97   0  0 

98   2  0 

99   4  0 

100   6  0 

101   8  0 

102   10  0 

103   12  0 

111    4  0 

118   12   0 

126     4  0 

133    12   0 

1        
Rs. 
850 

860 

870 

880 

890 

900 

910 

920 

930 

940 

950 

960 

970 

980 

990 

1,000 

1,100 

1,200 

1,300 

2 
Rs. 
860 

870 

880 

890 

900 

910 

920 

930 

940 

950 

960 

970 

980 

990 

1,000 

1,100 

1,200 

1,300 

1,400 

46 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

1        

Rs. 

24.000 

25,000 

26,000 

27,000 

28,000 

29,000 

30,000 

32,000 

34,000 

36,000 

38,000 

40,000 

42,000 

44,000 

46,000 

48,000 

3 

Rs.  a.  p. 

1,341  4  0 

1,371  4  0 

1,401  4  0 

1,431  4  0 

1,461  4  0 

1,491  4  0 

1,521  4  0 

1,551  4  0 

1,581  4  0 

1,661  4  0 

1,641  4  0 

1,671  4  0 

1,701  4  0 

1,731  4  0 

1,761  4  0 

1, 791  4  0 

2 

Rs 

25,000 

26,000 

27,000 

28,000 

29,000 

30,000 

32,000 

34,000 

36,000 

38,000 

40,000 

42,000 

44,000 

46,000 

48,000 

50,000 

47 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

1        
Rs. 
85 

90 

95 

100 

110 

120 

130 

140 

150 

160 

170 

180 

190 

200 

210 

220 

230 

240 

250 

260 

2 
Rs. 
90 

95 

100 

110 

120 

130 

140 

150 

160 

170 

180 

190 

200 

210 

220 

230 

240 

250 

260 

                          270 

48 

3 
Rs. 
6  12  0 

7  2  0 

 7  8  0 

8  8  0 

9  8  0 

10  8  0 

11  8  0 

12  8  0 

13  8  0 

14  8  0 

15   8 0 

16   8 0 

17  8  0 

18   8 0 

19   8 0 

20   8 0 

21   8 0 

22   8 0 

23   8 0 

24  8 0 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

1        
Rs. 
7,100 

7,200 

7,300 

7,500 

7,600 

7,700 

7,800 

7,900 

8,000 

8,250 

8,500 

8,750 

9,000 

9,250 

9,500 

9,750 

10,000 

10,500 

11,000 

11,500 

12,000 

3 
Rs.  a.  p. 

508  12  0 

576  4  0 

533  12  0 

591  4  0 

606  4  0 

621  4  0 

636   4  0 

                    651  4  0 

666  4  0 

681  4  0 

696  4  0 

711  4  0 

726  4  0 

741  4  0 

763  12  0 

786  4  0 

808  12  0 

831  4  0 

853  12  0 

2 
Rs. 
7,200 

7,300 

7,500 

7,600 

7,700 

7,800 

7,900 

8,000 

8,250 

8,500 

8,750 

9,000 

9,250 

9,500 

9,750 

10,000 

10,500 

11,000 

11,500 

12,000 

12,500 

49 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

1        
Rs. 

660 

670 

680 

690 

700 

710 

720 

730 

740 

750 

760 

770 

780 

790 

800 

810 

820 

830 

840 

3 
Rs.    a.    p. 

66  10  0 

67  12  0 

68  14  0 

70  0   0 

71   2  0 

72   4  0 

73   6   0 

74    8  0 

75   10  0 

76   12  0 

77   14 0 

79   0  0 

80   2  0 

81   4  0 

82   0  0 

83    8  0 

   84   10 0 

85   12  0 

86   14  0 

2 
Rs. 

670 

680 

690 

700 

710 

720 

730 

740 

750 

760 

770 

780 

790 

800 

810 

820 

830 

840 

850 

50 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

3 
Rs.    a.    p. 
7  2  0 

7  8  0 

8   4  0 

9   0  0 

9  12  0 

10  8  0 

11  4   0 

12   0  0 

12   12  0 

13  8  0 

14  4  0 

15   0  0 

15   12 0 

16  8 0 

17   4  0 

18  0 0 

18   12 0 

19  8 0 

20  4 0 

21  0 0 

21  12  0 

1        
Rs. 
90 

95 

100 

110 

120 

130 

140 

150 

160 

170 

180 

190 

200 

210 

220 

230 

240 

250 

260 

270 

280 

2 
Rs. 
95 

100 

110 

120 

130 

140 

150 

160 

170 

180 

190 

200 

210 

220 

230 

240 

250 

260 

270 

280 

290 

51 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

1        
Rs. 
290 

300 

310 

320 

330 

340 

350 

360 

370 

380 

390 

400 

410 

420 

430 

440 

450 

460 

470 

480 

490 

3 
Rs.  a.   p. 
22  8  0 

23  4  0 

24  0  0 

24  12  0 

25  8  0 

26  4  0 

27  0  0 

27  12  0 

28  8    0 

29  4  0 

30   0  0 

30  12  0 

31  8  0 

32  4  0 

33  0  0 

33  12  0 

34  8  0 

35  4  0 

36  0  0 

36  12  0 

37  8  0 

2 
Rs. 
300 

310 

320 

330 

340 

350 

360 

370 

380 

390 

400 

410 

420 

430 

440 

450 

460 

470 

480 

490 

500 

52 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(a) Table of rales and  valorem  fees leviable on plaints , etc, mentioned in Article 1 of Schedule I. 

SCHEDULE B. 

(See Section 21). 

the  amount  of 
the  subject-

When 
value  of 
matter exceeds. 

But does not exceed. 

Proper fee. 

1 

Rs. 
… 

5 

10 

15 

20 

25 

30 

35 

40 

45 

50 

55 

60 

65 

70 

75 

80 

3 

Rs.   a.    p. 

0  6  0 

                0 12 0 

                1  2  0 

                1   8  0 

                1  14 0 

                2   4  0 

               2   10 0 

                3   0   0 

                3   6   0 

               3   12 0 

               4   2   0 

               4   8   0 

               4   14 0 

               5   4  0 

                5 10 0 

               6   0   0 

                6    6 0 

2 

Rs. 

5 

10 

15 

20 

25 

30 

35 

40 

45 

50 

55 

60 

65 

70 

75 

80 

85 

53 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCHEDULE A. 

(See Section 2.) 

Province year and number. 

Title. 

Extent of Repeal. 

1 

Bihar and Orissa Act I of 
1922. 

2 
Bihar  and  Orissa  Court  Fees 
(Amendment) Act, 1992. 

3 

The whole Act, except 
sections 6,9, 10 and 13. 

Madras Act V of 1922. 

Madras 
(Amendment) Act, 1922. 

Court 

Fees 

The whole Act, except section 
11 in respect of Articles 11 
and 12 of Schedule I. 

Central Provinces Act XVI of 
1935. 

Court Fees (Central  Provinces 
Amendment) Act, 1935. 

The whole Act, except section 
4 (e). 

54 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
When the amount or value of 
the subject-matter exceeds 

1        
Rs. 

3,300 

3,400 

3,500 

3,600 

3,700 

3,800 

3,900 

4,000 

4,100 

4,200 

4,300 

4,400 

4,500 

4,600 

4,700 

4,800 

4,900 

5,000 

5,100 

[Vide Orissa Act 11 of 1967, s. 4] 

But does not exceed 

Proper fee. 

3 
Rs. a.  p. 

283  12  0 

291  4  0 

298  12  0 

306  4   0  

313  12  0 

321  4  0 

328  12  0 

336  4  0 

343  12  0 

351  4  0 

358  12   0 

366  4  0 

373  12  0 

381  4  0 

388  12  0 

396   4  0 

403  12  0 

411  4  0 

418  12  0 

2 
Rs. 

3,400 

3,500 

3,600 

3,700 

3,800 

3,900 

4,000 

4,100 

4,200 

4,300 

4,400 

4,500 

4,600 

4,700 

4,800 

4,900 

5,000 

5,100 

5,200 

55 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
Amendment of Article 1 of Schedule 1 (7 of 1870).--For Article 1 of Schedule I of the Principal Act 

the following Article shall be substituted:-- 
―Number.  
1.Plaint,  written  statement  pleading    a  set-
off  or  counter-claim  or  memorandum  of 
appeal  (not  otherwise  provided  for  in  this 
Act)  presented  to  any  Civil  or  Revenue 
Court except those mentioned in section 3. 

— 
When the amount or value of the subject 
matter  in  dispute  does  not  exceed    five 
rupees. 

When such amount or value exceeds five 
rupees,  for  every  five  rupees,  or  part 
thereof  ,  in  excess  of  five  rupees,  up  to 
one hundred rupees. 

Proper fee. 
Six annas. 

Six annas. 

When such amount or value exceeds one 
hundred  rupees,  for  every  ten  rupees,  or 
part  thereof,  in  excess  of  one  hundred 
rupees, up to five hundred rupees. 

One rupee. 

When such amount or value exceeds five 
hundred  rupees,  for  every  ten  rupees,  or 
part  thereof,  in  excess  of  five  hundred 
rupees, up to one thousand rupees. 

One rupee  
two annas. 

When such amount or value exceeds one 
thousand  rupees,  for  every  one  hundred 
rupees,  or  part  thereof,  in  excess  of  one 
thousand  rupees,  up  to  seven    thousand 
five hundred rupees. 

When  such  amount  or  value  exceeds 
seven  thousand  five  hundred  rupees,  for 
every  two  hundred  and  fifty  rupees,  or 
part thereof,  in excess of seven thousand 
five  hundred  rupees,  up  to  ten  thousand 
rupees. 

When such amount or value exceeds ten 
thousand  rupees, for every five hundred 
rupees,  or  part  thereof,  in  excess  of  ten 
thousand  rupees,  up to twenty thousand 
rupees. 

When  such  amount  or  value  exceeds 
twenty  thousand  rupees,  for    every  one 
thousand  rupees,  or  part  thereof,  in 
excess  of  twenty  thousand  rupees,  up  to 
thirty thousand rupees 
When such amount value  exceeds thirty 
thousand  rupees, for every two thousand 
rupees,  or  part  thereof    in    excess  of  
thirty  thousand  rupees, 
  up  to  fifty 
thousand rupees. 
When such amount or value exceeds fifty 
thousand  rupees  for  every  five  thousand  
rupees, or part thereof , in excess of fifty 
thousand rupees. 

Seven rupees 
eight annas. 

Fifteen rupees. 

Twenty two rupees 
 eight annas. 

Thirty rupees. 

Thirty rupees. 

Thirty-seven rupees  
eight annas.‖ 

[Vide Orissa Act 5 of 1939, s. 16] 

56 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Insertion of new Articles 3 and 3A in Schedule 1 of Act VII of 1870.-- In Schedule I of the principal 
Act after Article 2, the following Articles shall be inserted:— 

―3. Plaint, or written statement pleading 
a    set-off  or  counterclaim  in  any  suit  of 
the nature cognizable by a court of small 
causes  when  the  amount  or  value  of  the 
subject matter does not exceed Rs.500.  

When  the  amount  or  value  of  the  subject 
matter in dispute does not exceed five rupees. 

Six annas. 

When such amount or value exceeds five 
rupees,  for  every  five  rupees,  or  part 
thereof,  in  excess  of  five  rupees,  up  to 
one hundred rupees. 

When such amount or value exceeds one 
hundred rupees, for every ten rupees, or 
part  thereof,  in  excess  of  one  hundred 
rupees up to five hundred rupees. 

Six annas. 

Twelve annas. 

When such value exceeds three thousand 
rupees  but  does  not  exceed 
four 
thousand rupees. 

Fifty rupees 

. 

3A. plaint  or memorandum of appeal in 
each of the following suits:— 
(i)to  obtain  a    declaratory  decree  where 
no consequential relief is prayed. 
(ii) to set aside an award. 
(iii)  to  obtain  a  declaration  that  an 
alleged    adoption  is  invalid  or  never  in 
fact took place or to obtain a declaration 
that an adoption is valid. 

When such value exceeds four thousand 
rupees for every two thousand rupees, or 
part  thereof,  in  excess  of  four  thousand 
rupees, upto ten thousand rupees. 

When  such  value  exceeds  ten  thousand 
rupees, for every ten thousand rupees, or 
part  thereof  in  excess  of  ten  thousand 
rupees, up to fifty thousand rupees. 

When such value exceeds fifty thousand 
rupees,  for  every  fifty  thousand  rupees, 
or  part 
in  excess  of  fifty 
thereof, 
thousand rupees. 

Fifty rupees. 

Fifty rupees. 

One hundred rupees.‖ 

[Vide Orissa Act 5 of 1939, s. 17] 

Amendment  of  Article  6  of  Schedule  I  of  Act  VII  of  1870.—In the third column of Article 6 of 

Schedule I of the principal Act— 

(a) for the words ―four annas‖ the words ―six annas‖ shall be substituted; 
(b) for the words ―eight annas‖ the words ―twelve annas‖ shall be substituted; 
(c) for  the words ―one rupee‖ the words ―one rupee eight annas‖ shall be substituted. 

[Vide Orissa Act 5 of 1939, s. 18] 

Amendment of Article 7 of Schedule I of Act VII of 1870. —For  Article 7 of Schedule I of the principal 

Act the  following Article shall be substituted:— 

―copy  of  decree  or  order 
having the fore of a decree. 

When  such  decree  or  order  is  made  by  a 
Munsif‘s  Court  or  a  Court  of  Small 
Causes, or a Revenue Court— 

(a)  If the amount or value of the  sub-
ject-matter of the suit wherein such 
decree  or  order  is  made  does  not 
exceed one hundred  rupees; 
(b)  If  such  amount  or  value  exceeds 
one  hundred  rupees  but    does  not 
exceed one thousand ; 

(c)  If  such  amount  or  value  exceeds 

one thousand rupees. 

When such decree or order is made by the 
Court  of  a  District  Judge  or  of  a 
Subordinate Judge. 

Eight annas. 

One rupee. 

One rupee 
eight annas. 

When  such  decree  or  order  is  made  by  a 
High Court. 

Three rupees, if the amount 
the  subject 
or  value  of 

57 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
matter  of  the  suit    wherein 
such  decree  or  order 
is 
made  does  not  exceed  one 
thousand 
six  
rupees,  if  such  amount  or 
value exceeds one thousand  
rupees.‖ 

rupees; 

[Vide Orissa Act 5 of 1939, s. 19] 

 Amendment  of  Article  9  of  Schedule  I  of  Act  VII  of  1870.—In  the third column  of  Article  9  of 
Schedule  I  of  the  principal  Act,  for  the  words,  ―eight  annas‖  the  words  ―twelve  annas‖  shall  be 
substituted. 

[Vide Orissa Act 5 of 1939, s. 20] 

Amendment of table of rates and insertion of new tables in Schedule I of Act VII of 1870.--For 
the  table  of  rates  of  advalorem  fees  annexed  to  Schedule  I  of  the  principal  Act,  the  table  set  forth  in 
Schedule B to this Act shall be substituted. 

[Vide Orissa Act 5 of 1939, s. 21] 

Amendment of Schedule I .—In Schedule I to the Court Fees Act, 1870 (7 of 1870) as amended in 

its application to  the State of Orissa (hereinafter referred  as the principal Act),— 

(a)  in article 1, for the words ―Thirty-seven rupees fifty  naye paise‖ occurring as the last entry 

under the heading ― proper fee‖ the words ― One hundred rupees‖ shall be substituted; 

(b) in the foot note to the Table of rates of advalorem  fees appearing under heading ―(a) Table of 
rates of advalorem fees leviable on plaints, etc., mentioned in Article   1 of Schedule 1‖, for the words 
―thirty-seven rupees fifty naye paise‖, the words ― one  hundred rupees‖ shall be substituted. 

[Vide Orissa Act 34 of 1992, s. 2] 

58 

 
 
 
 
 
 
59 

 
 
 
 
 
 
 
 
 
 
 
 
60 

 
 
 
 
 
 
 
 
 
61 

 
 
 
 
 
 
 
 
 
62 

 
 
 
 
 
 
 
 
Orissa 

STATE AMENDMENT 

Amendment of  Article  1 of  Schedule  II  of  Act  VII  of  1870.—. In Article I of Schedule II of the 

principal Act,— 

(a) 

(b)  

(c) 

(d) 

 in the third column opposite clause (a), for the words ―one annas‖ the words ―two annas‖ 
shall be substituted; 

in  the third  column  opposite  clause  (b), for the  words,  ―eight  annas‖ the  words  ―in  the 
case of a criminal complaint and appeal one rupee and in other cases twelve annas‖ shall 
be substituted; 

 in the third column opposite clause (c) for the words ―one rupee‖ the words ―one rupee 
eight annas‖ shall be substituted; 

 in the second and third columns, for clause (d) and the words opposite the said clause the 
following shall be substituted:— 

 ―(d) (i) When presented to a High Court under section 115 of the Code of Civil Procedure, 

1908 (5 of 1908),  for  revision of an order,— 

(a)  When  the  value  of  the  suit 
or  proceedings  to  which 
the  order  relates  does  not 
exceed 
thousand 
one 
rupees. 

(b)  When  the  value  of  the  suit 
or  proceeding  exceeds  one 
thousand rupees. 

(ii) when presented to a   High Court 
otherwise than under that section. 

Five rupees. 

Ten rupees. 

Two rupees.‖ 

[Vide Orissa Act 5 of 1939, s. 22] 

Amendment of Article 1A of Schedule II of Act VII of 1870.--In the third column of Article 1A of 
Schedule II of the principal Act, for the words ―twelve annas‖ the words ―one rupee‖ shall be substituted. 

[Vide Orissa Act 5 of 1939, s. 23] 

Amendment of Article 10 of Schedule II of Act VII of 1870.—In Article 10 of Schedule II of the 

principal Act,— 

In the third column— 

(i) for the words ―eight annas‖ the words ―one rupee‖ shall be substituted; 

(ii) for the words ―one rupee‖ the words ―two rupees ― shall be substituted; 

(iii) for the words ―two rupees‖ the words ―three rupees‖ shall be substituted. 

[Vide Orissa Act 5 of 1939, s. 24] 

Amendment of Article 11 of Schedule II of Act VII of 1870.— In Article 11 of Schedule II of the 

principal Act— 

(a) for the entry in the first column, the following entry shall be substituted:— 

―Memorandum of appeal when the appeal is from an order inclusive of an order determining 
any question under section 47 or section 144 of the Code of Civil Procedure (5 of 1908) and is 
presented‖. 

63 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(c) in the third column— 

(i) for the words ―eight annas‖ the words ―one rupee‖ shall be substituted; 
(ii) for the words ―two rupees‖ the words ―four rupees‖ shall  be substituted. 

[Vide Orissa Act 5 of 1939, s. 25] 

Amendment of Article 11 of Schedule II of Act VII of 1870.--In the third column in Article 2 of 

Schedule II of the principal Act, for the words ―five rupees‖ the words ―ten rupees‖ shall be substituted. 
[Vide Orissa Act 5 of 1939, s. 26] 

Amendment of Article 14 of Schedule I of Act VII of 1870.-- In the third column in Article 14 of 

Schedule II of the principal Act, for the words ―five rupees‖ the words ―ten rupees‖ shall be substituted. 
[Vide Orissa Act 5 of 1939, s. 27] 

Amendment of Article 17 and insertion of new Article 17A in Schedule II of Act VII of 1870.--

For Article 17 of Schedule  II of the principal Act the following two Articles shall be substituted:— 

―17.  Plaint  or  memorandum  of 
appeal in a suit,— 
(i)  to  alter  or  set  aside  a  summary 
decision  or  order  of  any  of  the 
Civil  Courts  not  established  by 
Letters  Patent  or  of  any  Revenue 
Court; 

(ii) to alter or cancel any entry in a 
  names  of  the 
register  of  the 
proprietors  of  revenue  –paying  
estates; 
(iii)  for  relief  under  section  14 
Endowment  Act,  1868  (XX  of 
1868),  or  under  section  91  of  the 
Code of Civil Procedure, 1908. 

17A.Plaint  or  memorandum  of 
appeal in every suit where it is not 
possible  to  estimate  at  a  money-
value  the  subject-matter  in  dispute 
and  which 
is  not  otherwise 
provided for by this Act. 

                                                    Fifteen rupees. 

                                                       Fifteen rupees. 

                                                       Fifteen rupees. 

Ten rupees. 

Fifteen  rupees  if  the 
value for purposes of 
jurisdiction  does  not 
exceed four thousand 
rupees,  one  hundred 
rupees  if  such  value 
exceeds 
four 
thousand rupees.‖ 

When  the  plaint  is 
prescribed  to,  or  the 
memorandum 
of 
appeal  is  against  the 
decree of— 

(a)  a  Revenue 
court  in  the 
district 
of 
Ganjam  or 
Koraput; 

(b)  any 

other 

Revenue 
court, or any 
court  of  a 
District 
Judge  ,  sub-
ordinate 
Judge 
Munsif. 

or 

[Vide Orissa Act 5 of 1939, s. 28] 

64 

 
 
 
 
 
 
 
 
      
 
 
 
 
 
 
 
                                                          
 
 
 
    
 
 
 
 
 
 
 
 
Amendment of Article 18 of Schedule II of Act VII of 1870.--In Article 18 of Schedule II of the 

principal Act— 

(a) for the entry in the first column, the following entry shall be substituted:— 

―Application  under  paragraph  17  or  paragraph  20  of  the  Second  Schedule  to  the  Code  of 

Civil Procedure, 1908 (5 of 1908)‖; 

(c) in the third column for the words ―ten rupees‖  shall be substituted. 

[Vide Orissa Act 5 of 1939, s. 29] 

Amendment of Article 19 of Schedule II of Act VII of 1870.— In the third column in Article 19 of 
Schedule  II  of  the  principal  Act,  for  the  words  ―ten  rupees‖  the  words  ―fifteen  rupees‖  shall  be 
substituted. 
[Vide Orissa Act 5 of 1939, s. 30] 

Amendment  of  Article  19  of  Schedule  II  of  Act  VII  of  1870.—In the third column in Article 20 
Schedule  II  of  the  principal  Act,  for  the  words  ―twenty  rupees‖  the  words  ―thirty  rupees‖  shall  be 
substituted. 
[Vide Orissa Act 5 of 1939, s. 31] 

Amendment  of  Article  21  of  Schedule  II  of  Act  VII  of  1870.--In  the third column  in  Article  21 
Schedule  II  of  the  principal  Act,  for  the  words  ―twenty  rupees‖  the  words  ―thirty  rupees‖  shall  be 
substituted. 

When the amount or value of the 
subject-matter exceeds 

But does not exceed 

Proper fee. 

1        
Rs. 
5,200 

5,300 

5,400 

5,500 

5,600 

5,700 

5,800 

5,900 

6,000 

6,100 

6,200 

6,300 

6,400 

6,500 

2 
Rs. 
5,300 

5,400 

5,500 

5,600 

5,700 

5,800 

5,900 

6,000 

6,100 

6,200 

6,300 

6,400 

6,500 

6,600 

65 

3 
Rs.  a.  p. 
426  4  0 

433  12  0 

441  4  0 

418  12  0 

456   4  0 

463  12  0 

471   4  0 

478  12   0 

486  4  0 

493  12  0 

501  4  0 

508  12  0 

516   4  0 

523   12   0 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
6,600 

6,700 

6,800 

6,900 

7,000 

6,700 

6,800 

6,900 

7,000 

7,100 

513   4  0 

638  12  0 

646   4  0 

658  12  0 

661  4  0 

[Vide Orissa Act 5 of 1939, s. 32] 

Amendment of Schedule-II.—In Article  1 of Schedule-II to the Court-fees Act, 1870 (7 of 1870) in 
its  application  to  the  State  of  Odisha,  for  clause  (b)  including  the  entries    under  the  second  and  third 
columns thereof, the following shall be substituted under appropriate column, namely:— 

―(b)  (i)  When  containing  a  complaint  or  charge  of  any 
offence  other  than  the  complaint  for  the  offence  under 
section  138  of  the  Negotiable  Instrument    Act,  1881       
(26  of  1881)  and  an  offence  for  which  Police  Officers 
may under the Code of Criminal Procedure, 1973  (2 of 
1974)  arrest  without  warrant,  and  presented  to  any 
Criminal Court; 

In  the  case  of  a  criminal  complaint  and  appeal,  four 
rupees and in other cases two rupees. 

Or  when  presented  to  a  Civil,  Criminal  or  Revenue 
Court or to a Collector, or any Revenue Officer having 
jurisdiction equal or sub-ordinate to a Collector; 

Or to any Magistrate in his executive  capacity and not 
otherwise provided for by this Act; 

Or    to  deposit  in  Revenue  Court  or  rent;  or  for 
determination  by  a  Court  of 
the  amount  of 
compensation to be paid by a landlord to  his tenant. 

(ii)  Complaint  for  the offence  under  section 138 of  the 
Negotiable Instrument  Act, 1881 (26 of 1881)— 

the  cheque  or  

the  amount 

the  amount 

involved  In 

   When 
instrument does not exceed ten thousand rupees. 
    When 
the  cheque  or 
instrument  exceeds  ten  thousand  rupees  but  does  not 
exceed one lakh rupees. 
     When 
the  amount 
instrument exceeds one lakh rupees. 

the  cheque  or 

involved 

involved 

in 

in 

[Vide Orissa Act 4 of 2013, s. 2] 

One hundred rupees 

 Five hundred rupees. 

  One thousand rupees. 

66 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
       
 
                                                                               
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
         
 
 
 
 
 
 
         
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
        
 
 
Amendment of Schedule II.— In Schedule II to the principal Act, under the heading ―proper fee‖ for 
the  entries  as  mentioned  in  column  (2)  of  the  following  Table  against  the  corresponding  articles  in 
column  (1)  thereof,  the  entries  as  mentioned  against  them  in  column  (3)  of  the  said  Table  shall 
respectively be  substituted:— 
Corresponding Article  

Entries to be substituted 

Entries Occurring under the heading ―proper 
fee‖  
                   (2) 

                  (3) 

               (1) 

1.(a) 
   (b) 

   (c)  
   (d) (i) (a) 
              (b) 
         (ii) 
1-A 

2. 
3.(a) 
   (b) 
4. 
5. 
6. 
7. 

10.(a) 

     (b) 
    (c) 
11.(a)  
     (b) 
12. 
13. 
14. 
17. 
17.A   (a) 
           (b) 

18. 
19. 
20. 
21. 

Forty-five paise 
In  case  of  criminal  complaint  and  appeal, 
two  rupees  and  twenty-five  paise  and  in 
other cases one rupee and twenty-paise. 

One rupee 
In  case  of  criminal  complaint  and  appeal, 
four rupees and in other cases two rupees. 

Two rupees and fifty paise 
Five rupees and fifty paise 
Eleven rupees 
Two rupees and twenty paise    

Five rupees 
Eleven rupees 
Twenty rupees 
Four rupees 

one rupee and sixty-five paise in addition to 
any  fee  levied  on  the  application  under 
clause (a), clause (b) or clause (d) of article -
1 of this Schedule. 

Three rupees in addition to any fee levied on 
the application under clause (a), clause (b) or 
clause (d) of article-1 of this Schedule. 

Fifty-five paise 
One rupee and ten paise 
Two rupees and twenty paise 
 Fifty naye paise 
Fifty naye paise 
Fifty naye paise 
Fifty naye paise 

One rupees 
 Two rupees 
Four rupees 
One rupee 
One rupee 
One rupee 
One rupee 

Two rupees and twenty-five paise 

Four rupees 

Three rupees and seventy-five paise 
Four rupees 
One rupee 
Four rupees 
Ten rupees 
Five rupees and fifty paise 
Eleven rupees 
Fifteen rupees 
Ten rupees 
Fifteen  rupees  if  the  value  for  purposes  of 
jurisdicaiton  does  not  exceed  four  thousand 
rupees.  One  hundred  rupees  if  such  value 
exceeds four thousand rupees. 

Sixteen rupees and fifty paise 
Fifteen rupees 
Thirty-three rupees 
Thirty rupees 

Seven rupees 

Eight rupees 
Two rupees 
Eight rupees 
Twenty rupees 
Ten rupees 
Twenty-one rupees 
Thirty rupees 
Twenty rupees 
Thirty  rupees  if  the  value  for  purposes  of 
jurisdiction  does  not  exceed  four  thousand 
rupees.  Two  hundred  rupees  if  such  value 
exceeds four thousand rupees. 
Thirty-two rupees 
Thirty rupees 
Sixty-two rupees 
Sixty rupees 

[Vide Orissa Act 34 of 1992, s. 3]  

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Uttar Pradesh 

Amendment  of  Schedule  II  of  Act  (7  of  1870).—In  Schedule  II  to  the  Court-Fees  Act,  as 

amendment in its application to Uttar Pradesh, in Article 1 (Application or Petition), in clause (f), — 

(a)  in  sub-clause  (i),  for  the  words  ―Five  rupees‖  the  words  ―One  hundred  rupees‖  shall  be 

substituted; and 

(b)  in  sub-clause  (i),  for  the  words  ―Ten  rupees‖  the  words  ―Two  hundred  rupees‖  shall  be 

substituted. 

[Vide Uttar Pradesh Act 14 of 1989, s. 2] 

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69 

 
 
 
 
 
 
 
70 

 
 
 
 
 
 
